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ELECTION  LAWS 


OF  THE 


Itate  of  Rhode  Island 


1912. 


PROVIDENCE,  R.  I. 

J.  FREEMAN  COMPANY,   STATE  PRINTERS. 
1912. 


!► 


ELECTION   LAWS 


OF  THE 


State  of  Rhode  Island 


1912. 


t 


-*-» JL. 


rignt  I  P  R  O  VI D  E  N  C  E,  R.  I. 

tions  in  .        k.  l.  freeman  company,  state  pkintehs. 
so  qualif  1912. 


3^'  'IP 


Extracts  from  the  Constitution 


OF  THE 


STATE  OF  RHODE  ISLAND 

AND 

PROVIDENCE  PLANTATIONS, 

AS  AMENDED, 
RELATIVE    TO    ELECTIONS,    ETC. 


ARTICLE  IL 

Of  the  Qualifications  of  Electors. 

Section  L  Every  male  citizen  of  the  United  States,  of  the  Electors  own- 
age  of  twenty-one  years,  who  has  had  his  residence  and  home  in  '"^^ 
this  state  for  one  year,  and  in  the  town  or  city  in  which  he  may 
claim  a  right  to  vote,  six  months  next  preceding  the  time  of 
voting,  and  who  is  really  and  truly  possessed  in  his  own  right 
of  real  estate  in  such  town  or  city  of  the  value  of  one  hundred 
and  thirty-four  dollars  over  and  above  all  incumbrances,  or 
which  shall  rent  for  seven  dollars  per  annum  over  and  above 
any  rent  reserved  or  the  interest  of  any  incumbrances  thereon, 
being  an  estate  in  fee-simple,  fee-tail,  for  the  life  of  any  person, 
or  an  estate  in  reversion  or  remainder,  which  qualifies  no  other 
person  to  vote,  the  conveyance  of  which  estate,  if  by  deed,  shall 
have  been  recorded  at  least  ninety  days,  shall  thereafter  have  a 
right  to  vote  in  the  election  of  all  civil  officers  and  on  all  ques- 
tions in  all  legal  town  or  ward  meetings  so  long  as  he  continues 
so  qualified.     And  if  any  person  hereinbefore  described  shall 


:iJJo0l3 


ELECTION    LAWS. 


Qualifications 
of  electors  gen- 
erally. 


Superseding 
Article  VI.  of 
Amendments. 


Qualifications 
requisite  to 
vote  for  city 
councils  and  on 
monetary  prop- 
ositions. 


Poll-tax  to  be 
a.ssessed  an- 
nually on  what 
persons  for  the 
support  of  pub- 
lic  schools. 


ow^i  any  such  estate  within  this  state  out  of  the  town  or  city  in 
which  he  resides,  he  shall  have  a  right  to  vote  in  the  election  of 
all  general  officers  and  members  of  the  general  assembly  in  the 
town  or  city  in  which  he  shall  have  had  his  residence  and  home 
for  the  term  of  six  months  next  preceding  the  election,  upon  pro- 
ducing a  certificate  from  the  clerk  of  the  town  or  city  in  which 
his  estate  lies,  bearing  date  within  ten  days  of  the  time  of  his 
voting,  setting  forth  that  such  person  has  a  sufficient  estate 
therein  to  qualify  him  as  a  voter;  and  that  the  deed,  if  any,  has 
been  recorded  ninety  days. 

Sec.  2.  [Section  2  annulled  by  article  VII.  of  the  amend- 
ments, April,  1888,  and  the  following  substituted.] 

Every  male  citizen  of  the  United  States  of  the  age  of  twenty-one 
years,  who  has  had  his  residence  and  home  in  this  state  for  two 
years,  and  in  the  town  or  city  in  which  he  may  offer  to  vote  six 
months  next  preceding  the  time  of  his  voting,  and  whose  name 
shall  he  registered  in  the  town  or  city  where  he  resides  on  or  before 
the  last  day  of  June;  (see  article  XL,  section  eleven  of  amend- 
ments) in  the  year  next  preceding  the  time  of  his  voting,  shall 
have  a  right  to  vote  in  the  election  of  all  civil  officers  arid  on  all 
questions  in  all  legally  organized  town  or  ward  meetings:  Pro- 
vided, that  710  person  shall  at  any  time  he  allowed  to  vote  in  the 
election  of  the  city  council  of  any  city,  or  upon  any  proposition  to 
impose  a  tax  or  for  the  expenditure  of  money  in  any  town  or  city, 
unless  he  shall  within  the  year  next  preceding  have  paid  a  tax 
assessed  upon  his  property  therein,  valued  at  least  at  one  hundred 
and  thirty-four  dollars. 

Sec.  3.  [Section  3  annulled  by  article  VII.  of  the  amend- 
ments, April,  1888,  and  the  following  substituted.] 

Article  VII.  op  Amendments,  Sec.  2.  The  assessors  of  each 
town  and  city  shall  annually  assess  upon  every  person  who,  if 
registered,  woidd  he  qualified  to  vote,  a  tax  of  one  dollar,  or  such 
sum  as  with  his  other  taxes  shall  amount  to  one  dollar,  which 
tax  shall  be  paid  into  the  treasury  of  such  town  or  city  and  be 


ELECTION    LAWS.  5 

applied  to  the  support  of  public  schooh  therein:     Provided,  that  ^^\\^j^  remitted, 

mch  tax  assessed  upon  any  person  who  has  performed  military 

duty,  shall  be  remitted  for  the  year  he  shall  perform  such  duty; 

and  said  tax  assessed  upon  any  mariner  for  any  year  while  he  is 

at  sea,  or  upon  any  person  who  by  reason  of  extreme  poverty  is 

unable  to  pay  said  tax,  shall,  upon  application  of  such  mariner  collection  and 

.  remission  to  be 

or  person,  be  remitted.     The  general  assembly  shall  have  power  as  provided  by 
to  provide  by  law  for  the  collection  and  remission  of  said  tax. 

Sec.  4.     No  person  in  the  military,  naval,  marine,  or  any  whosUaiinot 

gain  residence, 

other  service  of  the  United  States  shall  be  considered  as  having  °^  be^permitted 
the  required  residence  by  reason  of  being  employed  in  any 
garrison,  barrack,  or  military  or  naval  station  in  this  state: 
and  no  pauper,  lunatic,  person  non  compos  mentis,  person  under 
guardianship,  or  member  of  the  Narragansett  tribe  of  Indians, 
shall  be  permitted  to  be  registered  or  to  vote.  Nor  shall  any 
person  convicted  of  bribery,  or  of  any  crime  deemed  infamous  at 
common  law,  be  permitted  to  exercise  that  privilege,  until  he  be 
expressly  restored  thereto  by  act  of  the  general  assembly. 

Sec.  5.     Persons  residing  on  lands  ceded  by  this  state  to  the   Residents  upon 

land  ceded  to 

United  States  shall  not  be  entitled  to  exercise  the  privilege  of   United  states 

^  ^  not  electors. 

electors. 

Sec.  6.     The  general  assembly  shall  have  full  power  to  pro-  Powersof 

"  ''  -^  ^  assembly   as   to 

vide  for  a  registry  of  voters,  to  prescribe  the  manner  of  conduct-  *'''^'=*'°"^- 
ing  the  elections,  the  form  of  certificates,  the  nature  of  the  evi- 
dence to  be  required  in  case  of  a  dispute  as  to  the  right  of  any 
person  to  vote,  and  generally  to  enact  all  laws  necessary  to  carry 
this  article  into  effect,  and  to  prevent  abuse,  corruption  and 
fraud  in  voting. 

Article  IV.  of  Amendments.     Electors  of  this  state  who,  in  Electors  absent 

•'  '  irom  the  state 

time  of  war,  are  absent  from  the  state  in  the  actual  military  service  ler^d  oi^thT^^ 
of  the  United  States,  being  otherwise  qualified  shall  have  a  right  allowed  to  vote. 
to  vote  in  all  elections  in  the  state  for  electors  of  president  and  vice- 
president  of  the  United  States,  representatives  in  congress,  and 
general  officers  of  the  state.     The  general  assembly  shall  have 


b  ELECTION    LAWS. 

full  power  to  provide  by  law  for  carrying  this  article  into  effect; 
and  until  such  provision  shall  he  made  by  law,  every  such  absent 
elector,  on  the  day  of  .such  elections,  may  deliver  a  written  or 
printed  ballot,  with  the  names  of  the  persons  voted  for  thereon, 
and  his  christian  and  surname,  and  his  voting  residence  in  the 
state,  written  at  le7igth  on  the  back  thereof,  to  the  officer  commanding 
the  regiment  or  company  to  which  he  belongs;  and  all  such  ballots, 
certified  by  such  commanding  officer  to  have  been  given  by  the 
elector  whose  name  is  written  thereon,  and  returned  by  such  com- 
manding officer  to  the  secretary  of  state  within  the  time  prescribed  by 
law  for  counting  the  votes  in  such  elections,  shall  be  received  and 
counted  with  the  same  effect  as  if  given  by  such  elector  in  open 
town,  ward,  or  district  meeting;  and  the  clerk  of  each  town  or  city, 
until  otherwise  provided  by  law,  shall  within  five  days  after  any 
such  election,  transmit  to  the  secretary  of  state  a  certified  list  of  the 
names  of  all  such  electors  on  their  respective  voting-lists. 

ARTICLE  V. 

Of  the  House  of  Representatives. 

Section  1.     [Section   1    annulled  by   article   XIII.    of   the 

amendments,  November,  1909,  and  the  following  substituted.] 

House  of  repre-       ff^g  housc  of  representatives  shall  never  exceed  one  hundred 

sentatives  is  j  r 

tuted.°"**''  members,  and  shall  be  constituted  on  the  basis  of  population, 
always  allowing  one  representative  for  a  fraction  exceeding  half 
the  ratio;  but  each  town  and  city  shall  always  be  entitled  to  at 
least  one  member;  and  no  town  or  city  shall  have  more  than  one- 
fourth  of  the  whole  number  of  members.     The  general  assembly 

Ratio  of  reprc-   may,  oftcr  ouy  ucw  ccnsus  taken  by  the  authority  of  the  United 

sentation.  ^  i      ./  j  ^  u      j 

States  or  this  state,  re-apportion  the  representation  in  conformity 
with  the  foregoing  provisions.  As  soon  as  this  amendment  goes 
into  effect,  the  general  assembly  shall  divide  each  town  and  city 
into  as  many  districts  as  it  is  entitled  to  representatives,  and  after 
each  census,  or  as  occasion  may  require,  the  general  assembly 


ELECTION    LAWS.  7 

may  so  divide  each  town  and  city,  and  one  representative  shall 
be  elected  from  each  district  by  the  qualified  electors  thereof.  Such 
district  shall  be  as  nearly  equal  in  population  and  as  compact  in 
territory  as  possible. 

Sec.  2.     The  house  of  representatives  shall  have  authority   ^i?y  «'''"'*  '^s 
to  elect  its  speaker,  clerks  and  other  officers.     The  senior  mem-   Newporrm°em- 
ber  from  the  town  of  Newport,  if  any  be  present,  shall  preside  zatfon. 
in  the  organization  of  the  house. 

ARTICLE  VI. 

Of  the  Senate. 
Section  1.     The    senate    shall    consist    of    the    lieutenant-  senate  is  how 

constituted. 

governor  and  of  one  senator  from  each  town  or  city  in  the  state. 
[Sections  2  and  3  annulled  by  article  XIV.  of  the  amend- 
ments, November,  1909,  and  the  following  substituted.] 

Article  XIV.  of  Amendments,  Section  1.     The  lieutenant-  Presiding  offi- 
cer, and  his 

governor  shall  preside  in  the  senate  and  in  grand  committee.     The  "^^'^  ^"  ''°^- 
presiding  officer  of  the  senate  and  grand  committee  shall  have  a 
right  to  vote  in  case  of  equal  division,  but  not  otherwise. 

Sec.  2.  //,  by  reason  of  death,  resignation,  absence,  or  other  May  elect  a 
cause,  the  lieutenant-governor  is  not  present,  to  preside  in  the  offi'-f'-,  when. 
senate,  the  senate  shall  elect  one  of  their  own  members  to  preside 
during  such  absence  or  vacancy;  and  until  such  election  is  made 
by  the  senate,  the  secretary  of  state  shall  preside.  The  presiding 
officer  of  the  senate  shall  preside  in  grand  committee  and  in  joint 
assembly. 

Sec.  4.  The  secretary  of  state  shall,  by  virtue  of  his  office, 
be  secretary  of  the  senate,  unless  otherwise  provided  by  law, 
and  the  senate  may  elect  such  other  officers  as  they  may  deem 
necessary. 


ELECTION    LAWS. 


ARTICLE  VIII. 


Election  of 
general  officers 
and  members 
of  assembly. 


Incapacity  or 
failure  of  elec- 
tion. 


Of  Elections. 

[Sections  1  to  9  annulled  by  article  XL  of  the  amendments, 
November,  1900;  sections  three  to  eleven  of  said  article  XL 
are  as  follows.] 

[Section  2  of  article  XL  of  amendments  annulled  by  article 
XVI.  of  amendments,  November,  1911,  and  the  following  sub- 
stituted :] 

Article  XVI  of  Amendments,  Section  1.  The  governor, 
lieutenant-governor,  secretary  of  state,  attorney-general,  general 
treasurer,  and  senators  and  *representatives  in  the  general  assembly 
shall  he  elected  at  town,  ward,  and  district  meetings  on  the  Tuesday 
7iext  after  the  first  Monday  in  November  biennially,  commencing 
A.  D.  1912,  and  shall  severally  hold  their  offices  for  two  years  from 
the  first  Tuesday  of  January  next  succeeding  their  election,  and 
until  their  successors  are  elected  and  qualified. 

Sec.  3.  When  the  governor-elect  shall  die,  remove  from  the 
state,  refuse  to  serve,  become  insane,  or  be  otherwise  incapacitated, 
the  lieutenant-governor-elect  shall  be  qualified  as  governor  at  the 
beginning  of  the  term  for  which  he  was  elected.  When  both  the 
governor  and  lieutenant-governor-elect,  or  either  the  lieutenant- 
governor,  secretary  of  state,  attorney-general,  or  general  treasurer- 
elect  are  so  incapacitated,  or  when  there  has  been  a  failure  to  elect 
any  one  or  more  of  the  officers  mentioned  in  this  section,  the  general 
assembly  shall  upon  its  organization  meet  in  grand  committee 
and  elect  some  person  or  persons  to  fill  the  office  or  offices,  as  the 
case  may  be,  for  which  such  incapacity  exists,  or  as  to  which  such 
failure  to  elect  occurred.  When  the  general  assembly  shall  elect 
any  of  said  officers  because  of  the  failure  of  any  person  to  receive  a 
plurality  of  the  votes  cast,  the  election  in  each  case  shall  be  made 
from  the  persons  who  received  the  same  and  largest  number  of  votes. 

*See  Article  XIII   of  Amendments   adopted  Nov.,  1909,  and  Chapter  9  of  the  General 
Laws  as  amended  by  Sec.  3  of  Chapter  640,  Public  Laws. 


ELECTION   LAWS. 


Sec.  4.     If  the  offices  of  governor  and  lieutenant-governor  be  „ffi«,"or|over- 

nor  and  lieu- 
tenant-govor- 
iior,   how  filled. 


both  vacant,  by  reason  of  death  or  otherwise,  they  shall  be  filled  tonant-gov"r- 


by  the  general  assembly  in  grand  committee,  and  the  acting  governor 
shall,  if  the  general  assembly  is  not  then  in  session,  call  a  special 
sessio7i  thereof  for  that  purpose  unthin  twenty  days  after  both 
of  said  offices  become  vacant  if  a  stated  session  is  not  sooner  to 
occur. 

Sec.  5.     In  case  of  a  vacancy  in  the  office  of  secretary  of  state.   Vacancies  in 

general  offices, 

attorney-general,  or  general  treasurer  from  any  cause,  the  general  ^ow  filled. 
assembly  in  grand  committee  shall  elect  some  person  to  fill  the  same: 
Provided,  that  if  such  vacancy  occurs  when  the  general  assembly  is 
not  in  session  the  governor  shall  appoint  some  person  to  fill  such 
vacancy  until  a  successor  elected  by  the  general  assembly  is  qualified 
to  act. 

Sec.  6.     When  a  senator  or  representative  elect  shall  die,  remove   Vacancies  in 

general  asseni- 

from  the  state,  refuse  to  serve,  become  insane,  or  be  otherwise  in-  biy  or  incapac- 

•'  '       -'  '  '  ity,  how  filled, 

capacitated,  or  when  at  an  election  for  any  senator  or  representative 
no  person  shall  receive  a  plurality  of  the  votes  cast,  a  new  election 
shall  be  held.  A  vacancy  in  the  senate  or  house  of  representatives 
shall  be  filled  at  a  new  election.  The  general  assembly  shall 
provide  by  general  law  for  the  holding  of  such  elections  at  such 
times  as  to  insure  that  each  town  and  city  shall  be  fully  represented 
in  the  general  assembly  during  the  whole  of  every  session  thereof  so 
far  as  is  practicable.  Every  person  elected  in  accordance  with 
this  section  shall  hold  his  office  for  the  remainder  of  the  term  or 
for  the  full  term,  as  the  case  may  be,  of  the  office  which  he  is  elected 
to  fill,  and  until  his  successor  is  elected  and  qualified. 

Sec.  7.     In  elections  by  the  general  assembly  in  grand  com-   Elections  in 
mittee  the  person  receiving  a  majority  of  the  votes  shall  be  elected,   "orftrvote.™^ 
Every  person  elected  by  the  general  assembly  to  fill  a  vacancy,  or 
pursuant  to  section  3  of  this  article,  shall  hold  his  office  for  the 
remainder  of  the  term  or  for  the  full  term,  as  the  case  may  be,  and 
until  his  successor  is  elected  and  qualified, 

2 


10  ELECTION    LAWS. 

grand'Tom-  ^^c.  8.     A  quorum  of  the  grand  committee  shall  consist  of  a 

™'     '  majority  of  all  the  members  of  the  senate  and  a  7najority  of  all 

the  members  of  the  house  of  representatives  didy  assembled  pur- 
suant to  an  invitation  from  one  of  said  bodies  which  has  been 
accepted  by  the  other,  and  the  acceptance  of  which  has  been  com- 
municated by  message  to  the  body  in  which  such  invitation  origi- 
nated, and  each  house  shall  be  attended  by  its  secretaries  and  clerks. 
No  act  or  business  of  any  kind  shall  be  done  in  grand  committee 
other  than  that  which  is  distinctly  specified  in  the  invitation  by 
virtue  of  which  such  grand  committee  is  assembled,  except  to  take 
a  recess  or  to  dissolve:  Provided,  that  the  grand  committee  may 
appoint  a  sub-conwiittee  of  its  own  members  to  count  any  ballots 
delivered  to  it  and  report  the  result  of  such  count. 
foToH^office*^*^'^'^  ^^^"  ^"  -^^^  governor,  lieutenant-governor,  secretary  of  state, 
until  when.  attomey-gcneral,  general  treasurer,  and  senators  and  representa- 
tives in  the  general  assembly  in  office  when  this  amendment  goes 
into  effect  shall  continue  to  hold,  their  offices,  with  the  powers 
and  duties  and  subject  to  the  limitations  prescribed  therein  for 
like  officers,  until  the  first  Tuesday  in  January,  A.  D.  1902,  and 
until  their  successors  are  elected  and  qualified.  Vacancies  in 
their  number  from  any  cause  shall  be  filled  in  the  manner  which 
is  prescribed  by  law  at  the  time  of  their  occurrence.  All  officers 
who  by  the  provisions  of  this  amendment  are  continued  in  office 
beyond  the  stated  time  for  ivhich  they  were  elected  or  appointed 
shall  receive  a  pro  rata  compensation  for  their  increased  term  of 
service  based  upon  the  compensation  provided  for  in  this  amend- 
ment or  by  law. 

STendmen"'^'^^'^  ^^^-  ^^-  '^^^  fi^^^  election  of  officcrs  named  in  the  next  pre- 
ceding section  under  this  amendment  shall  be  held  upon  the  Tuesday 
next  after  the  first  Monday  in  November,  A.  D.  1901.  The  town, 
ward,  and  district  meetings  therefor  shall  be  warned  and  conducted, 
and  the  result  thereof  determined,  authenticated,  and  declared  in 
the  manner  at  that  time  prescribed  by  law,  and  the  persons  then 
elected  shall  hold  their  offices  from  the  said  first  Tuesday  in  Jan- 


ELECTION   LAWS.  11 

vary,  A.  D.  1902,  and  thereafter  until  their  successors  are  elected 
and  qualified. 

Sec.  11.  The  general  assembly  shall  provide  by  law  for  the  of  registration. 
registration  necessary  to  qualify  persons  to  vote  at  said  first  elec- 
tion, which  registration  shall  close  on  the  last  day  of  June,  A.  D. 
1901,  and  after  the  adoption  of  this  amendment  no  person  of 
whom  registration  is  or  may  be  required  by  law  shall  be  permitted 
to  vote  unless  his  name  shall  have  been  registered  in  the  town  or 
city  where  he  resides  on  or  before  the  last  day  of  June  next  pre- 
ceding the  time  of  his  voting.  For  all  elections  by  the  people 
held  before  said  Tuesday  next  after  the  first  Monday  in  November, 
A.  D.  1901,  the  qualifications  of  the  electors  shall  be  such  as 
were  required  by  the  constitution  and  laws  existing  at  the  time 
of  the  adoption  of  this  amendment. 

Sec.  10.     [Section  10  annulled  by  article  X.  of  the  amend- 
ments, November,  1893,  and  the  following  substituted.] 
I      In  all  elections  held  by  the  people  for  state,  city,  town,  ward,   Plurality  to 
or  district  officers,  the  person  or  candidate  receiving  the  largest   p°^i^^  *'"' 
number  of  votes  cast  shall  be  declared  elected. 


I 


GENERAL   LAWS  AS  AMENDED. 


TITLE  II. 


OF  ELECTIONS. 


Chapter     6.     Of  the  rights  and  quahfications  of  voters. 

Chapter  7.  Of  the  boards  of  canvassers  and  registration  and  of  the  regis- 
tering, listing,  and  returning  hsts  of  voters  and  of  proof  of 
their  quaUfication  to  vote. 

Chapter     8.     Of  canvassing  the  rights  and  correcting  the  lists  of  voters. 

Chapter     9.     Of  elective  meetings. 

Chapter  10.     Of  the  manner  of  conducting  elections. 

Chapter  11.     Of  elections  by  secret  baUot. 

Chapter  12.  Of  the  holding  of  caucuses  in  the  cities  of  Providence,  New- 
port, and  Pawtucket. 

Chapter  13.  Of  the  use  of  voting-machines  at  State,  city,  and  town  elec- 
tions. 

Chapter  14.     Of  the  election  of  general  officers. 

Chapter  15.  Of  the  election  of  senators  and  representatives  in  the  gen- 
eral assembly. 

Chapter  16.  Of  the  election  of  representatives  in  the  congress  of  the 
United  States. 

Chapter  17.  Of  the  election  of  electors  of  president  and  vice-president  of 
the  United  States. 

Chapter  18.  Of  voting  upon  propositions  of  amendment  of  the  constitu- 
tion, and  upon  questions  submitted  to  the  electors  of 
the  state. 

Chapter  19.     Of  the  state  returning-board  and  defining  its  duties. 

Chapter  20.     General  provisions  concerning  elections. 


ELECTION  LAWS. 


13 


CHAPTER  6. 


Of  the  Rights  and  Qualifications  of  Voters. 


Gen.  Laws, 
1896,  Chap.  6. 


Section 

1.  Classification    of    voters    as 

registered  and  unregistered 
and  their  rights  to  vote. 

2.  Right  to  vote  on  real  estate, 

situated  in  town  other  than 
that  in  which  voter  resides. 


Section  1. 


Section 

3.  Citizens  of  this  state  may  ob- 
tain a  judgment  declaring 
their  citizenship,  residence, 
and  domicile. 


The  two  following  classes  of  person  have  by  the  classification  of 

voters  as  regis- 

constitution,  the  first  as  registered  and  the  second  as  unregis-  registered  "°" 
tered  voters,  a  right  to  vote  in  the  election  of  all  civil  officers  and 
on  all  questions  in  all  legally  organized  town,  ward,  or  district 
meetings : — 

First,  Every  male  citizen  of  the  United  States  of  the  age  of   Registered 
twenty-one  years  who  has  had  his  residence  and  home  in  this   ing  personal 

property 

state  for  two  years  and  in  the  town  or  city  in  which  he  may  voters. 

-'  .  .  P"t)-  Laws,  808, 

offer  to  vote  six  months  next  preceding  the  time  of  his  voting,   Ja"  23, 1901. 

and  whose  name  shall  be  registered  in  the  town  or  city  where  he 

resides  on  or  before  the  last  day  of  June  next  preceding  the  time 

of  his  voting:     Provided,  that  no  person  shall  at  any  time  be   Cons. r. i., Art. 

^  '  ^  '^  VII,,  of  amend- 

allowed  to  vote  in  the  election  of  the  city  council  of  any  city,   'i'e''R^'i^754j' 
or  upon  any  proposition  to  impose  a  tax  or  for  the  expenditure 
of  money  in  any  town  or  city,  unless  he  shall  within  the  year 
next  preceding  have  paid  a  tax  assessed  upon  his  property 
therein  valued  at  least  at  one  hundred  and  thirty-four  dollars. 

Second,  Every  male  citizen  of  the  United  States  of  the  age  of  Real  estate 

voters. 

twenty-one  years  who  has  had  his  residence  and  home  in  this  Cons.  r.  i.. 

"^  -^  _  Art.  II.,  sec.  1, 

state  for  one  year  and  in  the  town  or  city  in  which  he  may  claim 
a  right  to  vote  six  months  next  preceding  the  time  of  voting, 
and  who  is  really  and  truly  possessed  in  his  own  right  of  real 
estate  in  such  town  or  city  of  the  value  of  one  hundred  and 
thirty-four  dollars  over  and  above  all  incumbrances,  or  which 


16  R.  I.  542. 
12  R.  I.  586. 


14  ELECTION   LAWS. 

shall  rent  for  seven  dollars  per  annum  over  and  above  any 

rent  reserved  or  the  interest  of  any  incumbrances  thereon,  being 

an  estate  in  fee-simple,  fee-tail,  for  the  life  of  any  person,  or  an 

estate  in  revision  or  remainder,  which  qualifies  no  other  person 

to  vote,  the  conveyance  of  which  estate,  if  by  deed,  shall  have 

been  recorded  at  least  ninety  days. 

tiUed  to^vote  in       ^^^^  2'     "^^^^  foUowiug  class  of  persons  have,  by  the  con- 

erai"I)fficersr°'  stitutiou,  as  Unregistered  voters,  a  right  to  vote  in  the  election 

estate  in  an-       of  all  general  officers  and  members  of  the  general  assembly,  in 

other  town. 

Cons.  R.  L,  Art.  the  towu  or  city  in  which  they  shall  have  had  their  residence  and 

IL,  Sec.  1. 

home  for  the  term  of  six  months  next  preceding  the  election: — 
Every  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years  who  has  had  his  residence  and  home  in  this  state  for 
one  year,  and  shall  own  any  such  real  estate  within  this  state, 
but  out  of  the  town  or  city  in  which  he  resides,  as  is  described  in 
the  second  clause  of  the  first  section  of  this  chapter,  and  who 
shall  produce  a  certificate  from  the  clerk  of  the  town  or  city  in 
which  his  estate  lies,  bearing  date  within  ten  days  of  the  time 
of  his  voting,  setting  forth  that  such  person  has  a  sufficient 
estate  therein  to  qualify  him  as  a  voter,  and  that  the  deed,  if 
any,  has  been  recorded  ninety  days. 
^atrn4°ob-"*       Sec.  3.     The  superior  court  shall  hear  and  determine  peti- 
ment''  Jkcfaring  tious  of  persous  alleging  themselves  to  be  citizens,  residents,  and 
ship,  residence     domicilcd  inhabitants  of  this  state,   and  praying  a  judicial 

and  domicile. 

Pub.  Laws,         declaration  of  such  citizenship,  residence,  and  domicile. 

1459,  April  23, 

1907.  guch  petitions  shall  in  all  cases  set  forth  the  grounds  upon 

C.  p.  A.,  §  1208.  ^ 

which  the  application  is  based,  and  shall  be  supported  by  such 
evidence  as  the  court  shall  deem  necessary.  They  shall  be  filed, 
heard  and  determined  in  the  county  in  which  the  petitioner 
claims  residence,  unless  such  residence  be  in  the  county  of 
Bristol,  in  which  case  the  said  petition  shall  be  filed,  heard  and 
determined  in  said  court  in  Providence. 


ELECTION    LAWS.  15 

A  copy  of  the  petition,  with  notice  of  the  time  and  place  of 
hearing,  shall  be  served  on  the  attorney-general  five  days 
previous  thereto,  and  he  may  appear  and  be  heard  thereon. 

CHAPTER  7. 

(As  amended  by  Section  1,  Chapter  640,  Public  Laws.) 

Of  Boards  of  Canvassers  and  Registration  and  of  the 

Registering,  Listing,  and  Returning  Lists  of  Voters 

AND  OF  Proof  of  their  Qualification  to  Vote. 

Section  1.     The  secretary  of  state  shall  prepare  and  furnish  Secretary  of 

•^  '^        *  state  to  pro- 

to  the  to^^^l  clerks  of  the  several  towns  and  the  several  boards  of  Towns' "^th""^ 
canvassers  and  registration  a  book,  to  be  entitled  the  Registry  istration  of 

voters. 

Book,  which  book  shall  be  ruled  under  suitable  headings  to 
indicate  the  time  when  and  the  place  where  any  person,  native- 
born,  desiring  to  be  registered,  was  born;  if  the  person  was  born 
or  has  resided  without  the  state,  when  he  last  came  to  reside 
within  the  state ;  and  if  he  was  born  or  has  resided  without  the 
toA\Ti,  when  he  last  came  to  reside  within  the  toAvn;  and  the  place 
in  the  to\^^l  at  which  the  person  resided  at  the  time  of  registering. 
Said  registry  book  shall  also  be  ruled  under  suitable  headings 
to  indicate  the  time  when  and  the  place  where  any  person  of 
foreign  birth  or  parentage,  desiring  to  be  registered,  was  born; 
when  and  where  he  landed  in  the  United  States;  the  date  when 
he  last  came  to  this  state;  the  date  when  he  last  came  to  the 
towTi;  where  and  when  and  by  what  court  naturalized;  when, 
where,  and  by  what  court,  was  father  naturalized;  and  the  place, 
street  and  number  in  the  town  at  which  the  person  resided  at 
the  time  of  registering. 

Boards  of  Canvassers  and  Registration, 

Sec.  2.  There  shall  be  a  board  of  canvassers  and  registra- 
tion in  each  of  the  cities  of  Providence  and  Pawtucket,  consisting 
of  three  members,  each  of  whom  hereafter  elected  shall  hold 


16 


ELECTION    LAWS. 


Boards  of  can- 
vassers and 
registration, 
Providence 
and  Paw- 
tucket,    how 
elected. 


Officers  of  such 
boards,  and 
quorum. 


Officers  of  such 
boards,  when 
to  be  open  for 
registration. 


Salary  of  mem- 
bers of  Provi- 
dence board, 
and  clerical  as- 
sistance. 


office  for  the  term  of  three  years  from  the  first  Monday  of  March 
succeeding  the  date  of  his  election  and  until  his  successor  is 
elected  and  qualified.  One  member  of  each  of  said  boards  shall 
be  elected  in  joint  convention  by  the  city  council  of  the  respect- 
ive cities  at  the  time  of  the  election  of  city  officers  in  each  year. 
In  case  any  person  elected  as  a  member  of  said  board  shall 
decline  to  serve  or  neglect  to  qualify,  or  a  vacancy  shall  occur  in 
said  board  for  any  cause,  said  office  or  vacancy  shall  be  filled  by 
the  city  council  in  like  manner  for  the  term  of  said  office  or 
unexpired  term. 

Sec.  3.  Said  boards  shall  each  elect  one  member  as  presid- 
ing officer,  and  another  member  as  clerk  thereof:  Provided,  that 
in  the  city  of  Pawtucket  said  clerk  shall  be  designated  at  the 
time  of  his  election  by  the  city  council  in  joint  convention. 
Said  officers  shall  perform  all  the  duties  of  presiding  officers 
and  clerks  of  boards  of  canvassers,  respectively.  One  member 
of  each  of  said  boards  shall  be  a  quorum  for  the  purpose  of 
receiving  registration,  and  two  members  shall  be  a  quorum  for 
all  purposes. 

Sec.  4.  The  boards  of  canvassers  and  registration  of  the 
cities  of  Providence  and  Pawtucket  shall  have  an  office  in  their 
respective  cities  which  shall  be  open  for  the  purposes  of  registra- 
tion at  the  times  required  by  law,  and  in  the  city  of  Providence 
on  all  other  secular  days  when  the  board  is  not  elsewhere  en- 
gaged in  the  performance  of  its  duties. 

Sec.  5.  The  members  of  the  board  of  canvassers  and  regis- 
tration of  the  city  of  Providence  shall  each  receive  from  said 
city  a  salary  of  twenty-five  hundred  dollars  per  annum,  payable 
monthly,  and  such  further  sum  as  the  city  council  of  said  city 
may,  from  time  to  time,  determine,  in  full  compensation  for  all 
duties  imposed  by  law  upon  said  board.  Said  board  may 
employ  such  clerical  assistance  as  it  may  deem  necessary  in  the 
discharge  of  its  duties,  and  agree  with  such  clerks  for  their  com- 
pensation, which  said  salary  and  compensation  shall  be  paid 


ELECTION    LAWS.  17 

out  of  the  city  treasury :  Provided,  however,  that  said  board  shall 
not  authorize  the  payment  of  compensation  to  any  of  its  clerks 
in  excess  of  the  sum  of  one  thousand  dollars  per  annum,  unless 
such  compensation  shall  have  been  approved  by  the  city  council 
of  said  city;  and  provided,  further,  that  the  aggregate  amount 
agreed  to  be  paid  for  such  compensation  shall  not  exceed  the 
sum  of  three  thousand  dollars  in  any  one  year,  unless  a  greater 
sum  shall  be  appropriated  therefor  by  said  city  council. 

Sec.  6.     The  members  of  the  board  of  canvassers  and  regis-  Compensation 

of  members  of 

tration  of  the  city  of  Pawtucket  shall  receive  such  compensation  b*^^"'^''^* 
as  the   city   council   shall   determine:     Said  board  may  hire 
necessary  clerical  assistance  and  fix  the  compensation  thereof, 
subject  to  the  approval  of  the  city  council. 

Sec.  7.     The  boards  of  canvassers  and  registration  in  the  Members  of 

such  boards 

cities  of  Providence  and  Pawtucket  shall  not  retain  to  their  own   not  to  retain 

pertain  fees  for 

use  any  of  the  fees  now  allowed  by  law  to  recording  and  cer-  th'^"' own  use. 
tifying  officers,  but  shall  charge  and  collect  the  statutory  fees 
for  any  record,  certificate,  or  copy  required  by  law  to  be  made 
by  said  board,  and  shall  pay  over  the  same  on  the  first  business 
day  of  every  month  to  the  city  treasurer  of  the  respective  city: 
Provided,  that  said  boards  shall  furnish,  as  now  required  by  law, 
certified  copies  of  any  list  of  qualified  electors  in  any  repre- 
sentative-district, Avard,  or  voting-district  in  said  city  on  pay- 
ment of  the  sum  of  one  dollar  for  each  such  certified  list,  which 
sums  shall  also  be  paid  into  the  city  treasury  of  said  cities  as 
above  provided. 

Sec.  8.     Said  boards  of  canvassers  and  registration  shall  have  Such  boards  to 

have  charge  of 

charge  of  and  receive  the  registration  of  persons  entitled  by  law  ^ofpr^^nd  prL 
to  vote  in  their  respective  cities  upon  being  registered,  and  shall   anrf 'canvass*' 

cii  1-/-1  i-ij  voting-lists. 

prepare  the  votmg-lists  oi  all  persons  qualmed  to  vote  m  the 
several  representative-districts,  wards,  and  voting-districts  in 
said  cities,  respectively,  and  shall  correct,  add  to,  classify,  can- 
vass, post,  publish  and  deliver  the  same,  and  perform  all  the 
other  duties  required  by  law  of  city,  representative-district  and 


18 


ELECTION    LAWS. 


Such  boards  to 
make  certain 
returns. 


voting-district  clerks  in  relation  to  the  registration  and  can- 
vassing of  voters  and  to  all  other  matters  relating  thereto. 

Sec.  9.  All  returns  or  other  things  required  by  law  to  be 
made  or  furnished  to  or  by  city  clerks,  boards  of  canvassers,  and 
district  clerks,  relative  to  the  matters  within  the  purview  of 
chapters  seven  and  eight,  shall  be  made  and  furnished  to  and  by 
said  boards. 
^rmemb'eTrof  Sec.  10.  Said  boards  shall  have  all  the  powers,  duties  and 
and  liability  to  obligations,  and  the  members  thereof  in  their  several  capacities 

penalties. 

shall  be  individually  liable  to  the  same  fines,  penalties  and  for- 
feitures, provided  by  law,  as  city  clerks,  ward  clerks,  boards  of 
canvassers,  and  clerks  of  boards  of  canvassers,  relative  to  the 
matters  within  the  purview  of  chapters  seven  and  eight. 


Who  may  act 
as  boards  of 
canvassers  in 
the  several 
cities  and 
towns. 


Town  clerks  to 
act  as  clerks  of 
canvassers,  ex- 
cept in  Provi- 
dence and  Paw- 
tucket. 


Boards   of   can- 
vassers may 
administer 
oaths,  compel 
attendance  of 
witnesses,  se- 
cure certain 
evidence,  and 
punish  for  con- 
tempt. 


Boards  of  Canvassers. 

Sec.  11.  The  boards  of  canvassers  and  registration  of  cities 
and  towns  in  which  such  boards  are  or  shall  be  established,  the 
city  council  of  the  city  of  Cranston,  the  boards  of  aldermen  of  all 
other  cities,  and  the  town  councils  of  all  other  towns,  shall  be 
boards  of  canvassers  of  voters  in  their  respective  cities  and  towns 
and  of  the  voters  in  the  representative-districts,  wards,  and 
voting-districts  in  such  cities  and  towns. 

Sec.  12.  The  town  clerks  in  cities  and  towns  in  which  l^oards 
of  canvassers  and  registration  are  not  established  shall  act  as 
clerks  of  boards  of  canvassers  in  their  respective  towns,  and  shall 
produce  to  said  boards,  in  their  respective  towns,  such  returns, 
documents,  and  records  as  may  be  required  by  them  for  the  per- 
formance of  their  duties. 

Sec.  13.  The  members  of  the  boards  of  canvassers  are  here- 
by severally  authorized  to  administer  oaths,  and  said  boards, 
in  all  cases  of  every  nature  pending  before  them,  are  hereby 
authorized  and  empowered  to  summon  witnesses  by  subpoena 
signed  by  the  clerk  thereof,  and  to  compel  such  witnesses  to 
attend  and  testify  in  the  same  manner  as  witnesses  are  compelled 


ELECTION   LAWS.  19 

to  appear  and  testify  in  any  court ;  and  said  boards  are  authorized 
to  compel  the  production  of  all  papers,  books,  documents, 
records,  certificates,  or  other  legal  evidence  that  may  be  neces- 
sary or  jiroper  for  the  determination  and  decision  of  any  question 
or  the  discharge  of  any  duty  required  by  law  of  said  boards,  by 
issuing  a  subpoena  duces  tecum,  signed  by  their  clerk;  and  every 
l)erson  disobeying  any  such  ^vl■it  shall  be  adjudged  as  in  con- 
tempt, and  said  boards  may  punish  any  contempt  of  their 
authority"  in  like  manner  as  contempt  may  l^e  punished  by  any 
court,  and  said  boards  may,  at  any  meeting  holden  for  the  pur- 
pose of  canvassing  the  voting-lists,  examine  under  oath  the 
person  whose  right  to  vote  is  disputed  or  any  other  person,  and 
may  receive  any  other  evidence  that  such  boards  may  deem 
necessary,  respecting  the  right  of  any  person  to  have  his  name 
upon  the  registry,  or  to  vote,  and  shall  decide  upon  the  same. 
Every  person  refusing  to  answer  upon  such  examination  shall 
be  fined  not  less  than  twenty-five  dollars,  nor  more  than  three  Penalties. 
hundred  dollars,  for  such  refusal.  No  evidence  elicited  in  such 
examination  shall  be  used  against  the  person  so  examined  in  any 
criminal  prosecution  against  him,  except  a  prosecution  for 
perjury  in  such  examination.  Any  person  who  shall  wilfully 
swear  falsely  in  any  proceeding,  matter,  or  hearing  before  said 
boards  or  any  of  them  shall  be  deemed  guilty  of  the  crime  of 
perjury. 

Sec.  14.     Every  officer  required  to  perform  any  duty  under  Penalties  for 

neglect  of  duty. 

the  provisions  of  chapters  seven  and  eight,  who  shall  refuse  or 
wilfully  neglect  to  perform  such  duty,  shall  be  fined  not  ex- 
ceeding five  hundred  dollars  or  be  imprisoned  not  exceeding  six 
months,  unless  a  punishment  for  such  offense  is  therein  other- 
wise provided. 

Registration  of  Voters. 

Sec.  15.     Every  person,  who  is  or  within  a  year  may  be 
qualified  to  vote,  upon  being  registered  in  any  town  or  city,  other 


20 


ELECTION    LAWS. 


Certain  voters 
to  register  be- 
fore last  day  of 
June,   annually. 


Penalty  for 
false  registra- 
tion. 


Foreign-born 
voters  to  file 
certificate  of 
naturalization. 


Property  tax- 
payers who 
have  registered 
once,  not  re- 
quired to  reg- 
ister annually. 


Penalty  for 
fraudulent  ad- 
ditions to  or 
striking  from 
voting-list. 


than  the  cities  of  Providence  and  Pawtucket,  shall  go  to  the  town 
clerk  of  the  town  in  which  he  resides,  and  in  the  said  cities  of 
Providence  and  Pawtucket  shall  go  to  the  board  of  canvassers 
and  registration  in  the  city  in  which  he  resides,  and  shall, 
annually  within  the  year  ending  on  the  last  day  of  June  register 
his  name  and  thereby  certify  to  the  truth  of  the  facts  stated  in 
the  appropriate  heads  in  such  registry.  Every  person  who  shall 
knowingly  make  any  false  certificate  in  registering  his  name  in 
any  such  registry  book  shall  be  fined  not  exceeding  fifty  dollars 
or  be  imprisoned  not  exceeding  sixty  days:  Provided,  that 
before  any  person's  name  shall  be  placed  upon  the  voting-list, 
if  such  person  shall  be  of  foreign  birth,  he  shall  file  proof,  at 
least  five  days  before  any  meeting  of  the  board  of  canvassers 
with  the  town  clerk  or  with  the  clerk  of  the  board  of  canvassers 
and  registration,  as  the  case  may  be,  that  he  is  a  citizen  of  the 
United  States,  and  such  proof  shall  be  subject  to  the  approval 
of  the  board  of  canvassers  of  the  town  or  city  wherein  such 
person  shall  claim  the  right  to  vote. 

Sec.  16.  The  several  town  clerks  and  boards  of  canvassers 
and  registration  shall  annually  place  upon  the  voting-list  the 
names  of  the  several  persons  who  have  previously  been  upon 
the  voting-list,  according  to  the  provisions  of  this  chapter, 
against  whom  a  property-tax  to  the  amount  of  one  dollar  or 
upwards  shall  have  been  assessed;  and  such  persons  need  not 
register  their  names  annually  as  is  required  of  persons  not  pay- 
ing a  property-tax. 

Sec.  17.  If  the  name  of  any  person  who  shall  not  be  entitled 
to  vote  as  aforesaid  shall  be  wilfully  or  fraudulently  added  to  the 
voting-list,  or  if  the  name  of  any  person  who  should  be  retained 
thereon,  shall  be  wilfully  or  fraudulently  stricken  from  the 
list,  every  member  of  the  board  of  canvassers  wilfully  or  fraud- 
ulently concurring  therein  shall  be  fined  not  less  than  one  hun- 
dred dollars  and  not  more  than  five  hundred  dollars. 


ELECTION    LAWS.  ^1 

Sec.  18.     In  the  city  of  Providence  and  in  the  city  of  Paw-  Assessors  of 

Providence  and 

tucket,  the  assessors  of  taxes  shall  annually,  on  or  before  the  deirver''}'^* '" 

fifteenth  day  of  September,  certify  and  deliver  to  the  board  of  vassers,  annu- 
ally, copy  of 
canvassers  and  registration  of  their  respective  cities  a  copy  of  the  tax-assessment. 

tax-assessment   of   such    city,   which   copy   shall   in   addition 

specify  the  residence  by  street  and  number  of  each  person 

resident  in  said  city  by  them  assessed,  or  the  street  location  of 

the  land  assessed,  in  case  the  residence  of  the  owner  cannot  be 

ascertained. 

Sec.  19.     Every  clerk  making  any  false  entry  or  certificate  of  Penalty  for 

''  o         ./  ./  false  entry  by 

any  fact  required  to  be  entered  or  certified  under  the  provisions  ^^^^^' 
of  this  chapter,  shall  be  fined  not  exceeding  five  hundred  dollars 
or  imprisoned  not  exceeding  six  months. 

Sec.  20.     The  proof  of  the  registry  of  a  person  in  a  town  other  Proof  required 

when  a  voter 

than  that  in  which  he  shall  offer  to  vote  shall  be  the  certificate  desires  to  vote 

in  a  town  other 

of  the  town  clerk  of  the  town  or  the  clerk  of  the  board  of  can-  *n''which\e°'^° 
vassers  and  registration  of  the  city  in  which  he  is  registered. 

Sec.  21.     The  proof  of  the  payment  of  taxes  upon  real  estate  menfoft^x.^a 

or  personal  property  shall  be  the  certificate  of  the  collector  of  tax  collector  or 

town   treasurer. 

taxes  or  of  the  town  treasurer;  and  the  receipt  or  returns  of  the 
collector  of  taxes  shall  be  sufficient  evidence  for"  the  purpose  of 
procuring  the  certificate  of  the  town  treasurer.  In  case  of  a 
highway  tax,  when  by  law  the  same  may  be  paid,  whether  in 
money  or  labor,  to  a  surveyor  of  highways,  the  receipt  of  such 
surveyor  shall  be  sufficient  evidence  of  such  payment  for  the 
purpose  of  procuring  the  certificate  of  the  collector  of  taxes  or 
of  the  town  treasurer. 

Sec.  22.     No  person  who  claims  the  right  to  vote  upon  the  Proof  of  tax- 

'■  c3  i  payment  re- 

payment of  a  tax  or  taxes  assessed  against  him  upon  property,   person  mly^^ 
for  aldermen  or  common   councilmen  of   any  city  within  this  council  or  on 

monetary 

state,  or  upon  any  proposition  to  impose  a  tax  or  for  the  expendi-  proposition. 
ture  of  money  in  any  town  or  city,  shall  by  the  boards  of  can- 
vassers be  admitted  to  vote  for  said  officers  or  upon  said  propo- 
sitions, unless   upon  the  production  of   a  certificate  from  the 


22 


ELECTION   LAWS. 


Penalty  for 
refusal  to  fur- 
nish certificate 
of  tax-pay- 
ment. 


Except  in 
Providence 
and  Pawtucket, 
town  clerks  to 
attend  to  reg- 
istration. 


Who  to  furnish 
certified  lists  of 
voters. 


Who  to  furnish 
certified  copy 
of  registration 
of  voters  and 
other  records. 


collector  of  taxes,  town  treasurer,  or  clerk  of  the  town  or  city 
in  which  he  resides,  that  before  the  sixth  day  preceding  the  day 
of  such  voting  he  has  paid  such  tax  assessed  against  him  therein 
for  and  within  such  year. 

Sec.  23.  Every  town  clerk,  collector  of  taxes,  or  other 
officer  authorized  to  receive  the  taxes  or  give  the  certificates,  as 
hereinbefore  provided,  who  shall  wilfully  refuse  to  grant  the 
certificate  therein  prescribed  to  any  person  demanding  the  same 
and  legally  entitled  thereto,  or  shall  wilfully  and  fraudulently 
grant  such  certificate  to  any  person  not  legally  entitled  thereto, 
shall  be  fined  one  hundred  dollars  for  each  and  every  offence; 
and  in  all  cases,  the  return  of  said  collector,  town  treasurer,  or 
town  clerk  shall  be  deemed  evidence  of  the  payment  of  the  said 
tax  or  taxes. 

Sec.  24.  The  several  town  clerJcs  shall  be  in  their  respective 
offices,  except  in  the  cities  of  Providence  and  Pawtucket,  for  the 
purpose  of  attending  to  the  registration  of  voters,  for  the  three 
secular  days  next  preceding  and  including  the  last  secular  day 
of  June  in  each  year,  and  there  to  remain  from  nine  o'clock  in 
the  forenoon  until  one  o'clock  in  the  afternoon,  and  from  two 
o'clock  to  nine  o'clock  in  the  afternoon;  and  shall  attend  to  such 
registration  at  such  other  times  as  persons  may  apply  to  be 
registered. 

Sec.  25.  Every  town  or  district  clerk  or  clerk  of  a  board  of 
canvassers  and  registration,  upon  payment  or  tender  of  his 
legal  fees,  which  shall  be  the  same  for  each,  shall  furnish  to  any 
one  demanding  the  same,  a  certified  copy  of  any  list  of  voters 
whose  votes  have  been  given  in  at  any  election. 

Sec.  26.  Every  town  clerk  and  every  clerk  of  a  board  of 
canvassers  and  registration  shall,  upon  like  payment  or  tender, 
furnish  to  any  person  demanding  the  same,  a  certified  copy  of 
any  registration  of  voters,  and  every  town  clerk  shall  also,  upon 
request  of  any  person  and  tender  of  legal  fees,  and  without  any 
unreasonable  delay,  examine  the  records  and  certify  to  the 


ELECTION    LAWS.  23 

estate  of  any  person,  and  shall  furnish  copies  of  any  instrument 
or  writing  which  may  be  on  record  or  in  the  files  of  his  office. 

Sec.  27.     Every  officer  authorized  to  receive  taxes  shall,  upon  who  to  famish 

hsts   of   persons 

like  request  and  payment  or  tcnider,  and  without  unreasonable   J^^es'^and  to'^ 
delay,  furnish  to  any  elector  a  certified  list  of  those  who  have  oUaxpay- 

•11-  1      •  ments. 

paid  to  hmi  state  and  to\Mi  taxes,  and  the  amounts  and  tmies 
of  such  payments;  and  shall  grant  certificates  setting  forth 
whether  a  certain  person  has  or  has  not  paid  to  him  such  taxes, 
and,  if  paid,  to  what  amount  and  at  what  time;  and  every  such 
officer  w'ho  shall  refuse  to  furnish  or  unreasonably  delay  in 
furnishing  such  lists  or  certificates,  upon  payment  or  tender   Penalty  for 

'^  J        I-  I'    J  refusal  to  so 

as  aforesaid,  shall,  for  every  such  offence,  be  fined  not  less  than  furnish. 
twenty-five  dollars  nor  more  than  two  hundred  dollars. 

Sec.  28.     Every  officer  authorized  to  receive  taxes,   shall   Tax  receivers 

to  present  to 

present  to  the  board  of  canvassers,  at  every  meeting  for  the   boards  of  can- 

1  ;  .;  o  vassers  lists  ot 

purpose  of  canvassing,  alphabetical  lists  of  all  persons  registered   sols  who  have' 

,..,.  paid  taxes. 

on  or  before  the  last  day  ot  June  next  precedmg  m  their  respect- 
tive  towns  and  cities,  who  shall  have  paid  such  officer  their 
taxes,  specifying  the  amount  paid  by  each  and  the  time  when 
such  payment  was  made,  and  that  the  tax  was  assessed  upon 
property  which  has  not  been  before  presented;  except  that  in  the 
cities  of  Providence  and  Pawtucket  such  officer  shall  present 
such  lists  to  the  board  of  canvassers  and  registration  at  such 
dates  as  shall  be  required  in  writing  by  said  board,  which  lists 
shall  contain  the  residence  of  each  person  thereon  by  street  and 
number. 

Sec.  29.     Every  officer  authorized  to  receive  taxes,  neglect-   ne"ppf  o^'^.p. 
ing  or  refusing  to  make  such  return  to  the  board  of  canvassers   usts'of°such^'^ 
or  to  the  board  of  canvassers  and  registration  as  aforesaid,  shall, 
for  every  such  offence,  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  one  thousand  dollars. 


taxpayers. 


24  ELECTION    LAWS. 


CHAPTER  8. 

(As  Amended  by  Section  2,  Chapter  640,  Public  Laws.) 

Of  Canvassing  the  Rights  and  Correcting  the  Lists  of 

Voters. 

kig°of'b?arf'of       Section  I.     The  boards  of  canvassers  of  the  several  towns 
make  up  vot-      and  cities  shall  hold  a  meeting  on  the  Tuesday  next  after  the 

ing-lists. 

first  Monday  in  September  in  every  year,  and  shall  make  out 

correct  alphabetical  lists: — 
of^reTlstatl  Fivst,  Of  all  pcrsous  qualified,  or  who  may  become  qualified, 

votere  re-  ^^        to  votc  generally,  to  wit :     Of  all  persons  entitled  to  vote  under 

quired. 

article  second,  section  first,  of  the  constitution,  and  also  of  all 
persons  who  are  or  may  be  entitled  by  registry  to  vote  in  their 
respective  towns;  distinguishing  the  persons  registered  who  are 
not  entitled  to  vote  under  article  second,  section  first,  of  the 
constitution ; 
oPreaf estate  SecoTid,  Separately  from  such  lists,  correct  alphabetical  lists 

propert^""^       of  all  persons  entitled,  or  who  may  become  entitled,  to  vote  upon 

voters  required, 

distinguishing      any  proposltlon  to  impose  a  tax  or  to  expend  money  in  their 
taxes^^rom  rcspectivc  towus,  to  wit  I     Of  all  persons  entitled  to  vote  under 

those  who  have  ,.    ,  ,  ,•  n      j.        i:   j.v.  i.*j.    i.-  J       r 

not.  article  second,  section  first,  oi  the  constitution,  and  oi  every 

person  entitled,  or  who  may  become  entitled,  to  vote  by  the 
payment  of  a  tax  assessed  within  the  year  preceding,  upon  his 
property  in  such  town  valued  at  least  at  one  hundred  and  thirty 
four  dollars,  or  on  whose  property,  valued  as  aforesaid,  a  tax 
has  been  assessed  and  not  paid;  distinguishing  in  the  said  list, 
as  hereinbefore  provided,  those  who  are  not  entitled  to  vote 
under  article  second,  section  first,  of  the  constitution,  and  also 
those,  so  distinguished,  who  have  not  paid  the  taxes  assessed  as 
aforesaid. 

Sec.  2.  Said  boards  of  canvassers  shall  also,  at  said  annual 
meeting  on  the  Tuesday  next  after  the  first  Monday  in  Septem- 
ber, canvass  and  make  up  separate  voting-lists  for  their  respect- 


ELECTION    LAWS.  25 

ive   cities,  towiis,  wards,  representative-districts,  and   voting-  b  °  pro^de^d  ^for 
districts,  which  said  hsts  shall  contain  the  alphabetical  lists  rosentative-dia- 

trict  and  vot- 

provided  for  in  section  one  of  this  chapter  and  also  the  residence   ing-district, 

'  '■  and  posted  in 

of  each  person  thereon  by  street  and  number,  so  far  as  the  same  public  places. 
can  be  ascertained  and  described  from  the  registry  book  men- 
tioned in  section  one  of  chapter  seven,  and  from  such  other  evi- 
dence as  the  several  boards  of  canvassers  may  require  in  the  case 
of  any  name  on  said  lists.  Said  lists  shall  be,  by  the  town  and 
city  clerks,  printed  and  posted  up  in  at  least  three  public  places 
in  such  to^^^ls  as  are  not  divided  into  representative-districts  or 
into  voting-districts;  and  in  towns  and  cities  divided  into  repre- 
sentative-districts and  not  into  voting-districts,  in  at  least  three 
public  places  in  each  representative-district  or  ward;  and  in 
towns  and  representative-districts  divided  into  voting-districts, 
in  at  least  three  public  places  in  each  voting-district;  and  in  the 
office  of  the  town  and  city  clerk,  at  least  twenty  days  before  the 
Tuesday  next  after  the  first  Monday  in  November;  except  that 
in  the  cities  of  Providence  and  Pawtucket,  the  lists  provided  to  ^ow  tobe 

'  '■  posted  in  Frovi- 

be  printed  and  posted  up  by  the  city  clerk  shall  be  printed  and  fXt^""^  ^''"" 
posted  up  in  the  several  voting-districts  by  the  boards  of  can- 
vassers and  registration  in  each  of  said  cities,  and  in  the  office 
of  the  board  of  canvassers  and  registration  in  each  of  said  cities. 
Said  lists  shall  be  open  to  the  examination  of  any  qualified 
elector  at  all  reasonable  times. 

Sec.  3.     Said  boards  of  canvassers  may  meet  and  canvass  Board  of  can- 
vassers may 
the  voting-lists  of  any  representative-district  or  districts  or  ^^^^^^^^^"J^g: 

ward  or  wards  or  voting-district  or  districts  in  any  representa-  otheV^'/on-^ 
tive-district,  ward,  or  voting-district,  or  at  their  office  or  other  ^*""^°    "^*'^' 
place  designated  as  aforesaid,  at  any  convenient  time  or  times, 
on  the  same  day  or  different  days,  not  inconsistent  with  the 
provisions  of  this  chapter. 

Sec.  4.  Said  boards  of  canvassers  shall  hold  their  last  meet- 
ing not  more  than  seven  nor  less  than  three  days  preceding  the 
Tuesday  next  after  the  first  Monday  in  November  in  each  year 


26 


ELECTION   LAWS. 


Final  canvass 
to  be  made  not 
more  than 
seven  nor  less 
than  three 
days  prior  to 
election,  and 
notice  of  time 
and  place  to  be 
given. 


Penalty  for 
tearing  down 
or  destroying 
voting-list. 


Names  of  vot- 
ers may  be 
transferred  in 
case  of  change 
of  residence. 


Board  of  can- 
vassers to  cor- 
rect voting- 
lists  at  each 
meeting. 


Name  not  to  be 
stricken  from 
voting-list 
without  proof 
of    disqualifica- 
tion. 


to  further  correct  and  add  to  the  voting-lists,  and  shall  also 
meet  not  more  than  seven  nor  less  than  three  days  prior  to  any 
other  general  or  special  election  to  further  correct  and  add  to 
and  complete  the  voting-lists;  and  notice  of  the  time  and  place 
of  such  meeting  shall  be  given,  for  at  least  ten  days  previous 
thereto,  by  posting  up  notices  thereof  in  three  or  more  public 
places  in  every  town  not  divided  into  representative-districts 
or  voting-districts,  and  in  other  towns  and  cities  in  each  repre- 
sentative-district, and  one  in  each  ward,  and  voting-district, 
and  one  in  the  town  or  city  clerk's  office,  and  by  publication  in 
one  or  more  newspapers  published  in  each  town  or  city  if  any 
there  l)e.  City  and  town  clerks,  immediately  upon  issuing 
notices  for  any  called  town,  ward,  representative-district  or 
voting-district  meeting,  or  for  any  special  election,  shall  notify 
the  board  of  canvassers  thereof. 

Sec.  5.  Every  person  who  shall  unlawfully  take  down,  de- 
face or  destroy  any  list  of  voters  posted  up  as  aforesaid,  shall 
be  fined  three  hundred  dollars  or  be  imprisoned  three  months. 

Sec.  6.  Said  boards  of  canvassers  in  the  several  towns  and 
cities  shall,  unless  otherwise  provided  by  law,  transfer  the  names 
of  electors  who  shall  have  removed  from  one  ward  into  another, 
or  from  one  representative-district  into  another,  or  from  one 
voting-district  into  another,  to  the  voting-fist  of  the  ward  or 
representative-district  or  voting-district  in  which  they  reside 
at  the  time  of  canvassing  such  lists. 

Sec.  7.  Said  boards  of  canvassers  shall,  at  their  several 
meetings,  correct  the  lists,  and  add  to  the  lists  of  voters  the 
names  of  all  persons  qualified  to  vote  whose  names  shall  not  be 
on  the  list  of  voters. 

Sec.  8.  No  name  shall  be  stricken  from  any  voting-lists  by 
any  board  of  canvassers,  unless  proof  shall  be  presented  to  said 
board  that  such  name  is  the  name  of  a  person  not  qualified  to 
vote,  or  who  may  not  be  qualified  according  to  the  provisions  of 
this  title. 


ELECTION    LAWS.  27 

Sec.  9.  Upon  the  request  in  A\Titing  of  the  board  of  can-  fi,?":™.?^^"*"" 
vassers  of  any  city  or  town,  the  chief  of  poUce,  or  town  sergeant,  by"^poiice. 
as  the  case  may  be,  shall  cause  a  census  to  be  made  of  the 
qualified  electors  of  such  city  of  town,  or  any  representative  or 
voting-district  or  districts  therein,  specifying,  if  possible,  the 
street  and  number  of  each  such  elector's  residence,  and  shall 
forthwith  furnish  such  original  census  or  a  certified  copy  thereof 
to  said  board.  Such  chief  of  police  or  town  sergeant  shall 
furnish  to  said  board,  upon  request  in  writing,  such  information 
as  said  board  may  require  concerning  the  residence  and  right 
to  vote  of  any  person  whose  name  appears  upon  the  registry 
book  of  said  city  or  town  or  upon  any  voting-list  thereof. 

Sec.  10.     If  any  board  of  canvassers,  at  any  meeting  holden  Board  of  can- 

vassers   fraudu- 

for  the  purpose  of  correcting  the  lists  of  voters  as  hereinbefore   orV*emo^ng° 
provided,  shall  willfully  and  fraudulently  place  upon  the  list  TnTust!^"'" 

subject 

of  voters  the  name  of  any  person  who  is  not  entitled  to  vote,  or  to  penalty, 
if  it  shall  willfully  and  fraudulently  reject  or  refuse  to  add  to 
said  list,  or  shall  erase  or  cause  to  be  erased  from  said  list,  the 
name  of  any  person  entitled  to  vote,  every  member  of  such 
board  so  offending  shall  be  fined  not  less  than  one  hundred  dol- 
lars and  not  more  than  five  hmidred  dollars. 

Sec.  11.     Whenever  the  board  of  canvassers  of  any  town  or   Right  of  peti- 

.  tion  to  supreme 

city,  except  of  the  city  of  Providence,  at  any  meetmg  holden   court  in  case 

name  is  wrong- 

for  the  purpose  of  canvassing  the  rights  and  correcting  the  lists  erMed'fm*m*^  ""^ 
of  voters,  shall  reject,  or  shall  cause  to  be  erased  from  the  voting- 
lists,  the  name  of  any  person  qualified  to  vote,  the  person  whose 
name  said  board  of  canvassers  has  rejected,  or  erased  from  said 
list,  may  file  his  petition  in  the  supreme  court,  setting  forth  his 
residence,  his  qualifications,  and  such  other  facts  in  connection 
with  the  rejection,  or  erasure  of  his  name  from  such  list,  as  he 
may  deem  material,  and  praying  that  his  name  be  added  to 
said  list. 

Sec.  12.     Upon  the  filing  of  said  petition  the  supreme  court 
shall,  upon  application,  forthwith  cause  the  members  and  clerk 


voting-iist. 


I 


28 


ELECTION   LAWS. 


In  case  of  such 
petition,  board 
of  canvassers 
to  be  cited  be- 
fore court. 


Court  may 
make  such 
order  as  it  may 
deem  proper. 


Voting-Usts  to 
be  certified  by 
presiding  offi- 
cers of  boards 
and  delivered 
to  town  clerks. 


Town  clerks  to 
dehver  lists  to 
election  offi- 


Penalty  for 
neglect  of  duty. 


Board  of  can- 
vassers not  to 
be  liable  for 
any  omissions 
of  which  they 
do  not  receive 
proof. 


of  said  board  of  canvassers  to  be  cited  to  appear  before  said 
court,  at  a  time  and  place  to  be  named  in  said  citation,  to  show 
cause  why  the  prayer  of  said  petitioner  should  not  be  granted. 

Sec.  13.  If,  upon  hearing,  said  court  shall  find  that  the 
name  of  said  petitioner  is  not  entitled  to  be  placed  or  to  remain 
upon  said  voting-list,  said  petition  shall  be  dismissed.  If, 
however,  said  court  shall  find  that  the  name  of  said  petitioner  is 
entitled  to  be  placed  upon  such  voting-list,  the  said  court  shall, 
by  decree,  order  such  name  to  be  placed  upon  said  list.  A  copy 
of  such  decree  shall  be  filed  with  the  clerk  of  the  board  of  can- 
vassers, and  thereupon  said  clerk  shall,  without  action  on  the 
part  of  said  board,  place  said  name  on  said  voting-Ust. 

Sec.  14.     The  lists  of  voters  so  corrected  shall  be,  by  said    * 
boards  of  canvassers,   certified  by  their  respective  presiding 
officers,  and  on  the  same  day,  except  in  the  city  of  Pawtucket, 
shall  be  delivered  to  the  respective  town  and  city  clerks. 

Sec.  15.  From  the  lists  so  corrected,  and  before  the  time 
fixed  for  any  election,  the  clerk  of  each  town  and  city,  except  in 
the  city  of  Pawtucket  where  the  board  of  canvassers  of  said  city 
shall  deliver  to  the  moderator  of  the  town  meeting  or  repre- 
sentative-district meeting,  or  voting-district  meeting  or  ward 
meeting  to  be  held  therein,  separate  certified  lists  of  the  voters 
qualified  to  vote  at  each  of  such  meetings. 

Sec.  16.  Every  member  of  the  board  of  canvassers  and 
every  other  person  entrusted  with  any  corrected  lists  of  voters 
who  shall  willfully  neglect  to  deliver  such  Hst  as  required  by 
law,  shall  be  fined  not  exceeding  five  hundred  dollars. 

Sec.  17.  The  boards  of  canvassers,  in  case  they  shall  have 
entered  on  said  lists  the  names  of  all  persons  returned  to  them 
by  said  town  or  city  clerks,  shall  not  be  held  answerable  for 
any  omission  in  said  lists,  nor  for  refusing  to  place  on  said  lists 
the  name  of  any  person  omitted  in  the  lists  to  them  delivered  as 
aforesaid,  unless  at  one  of  their  said  meetings  they  shall  be 
furnished  with  sufficient  evidence  of  such  omission,  and  of  the 


ELECTION    LAWS.  29 

qualifications  as  a  voter  of  the  person  whose  name  is  omitted. 

Sec.  18.     The  respective  town  clerks,  and  the  clerks  of  the  ni?tting"or'^re- 
boards  of  canvassers  and  registration,  shall  record  the  votes  of  dr'  voters'  to  be 

rerordoil  by 

the  members  of  the  board  of  canvassers  upon  aclmittine  or  dork  of  board 

of  canvassers. 

r(»jecting  the  name  of  any  person  from  the  list  of  voters,  when- 
ever they  shall  be  requested  thereto  by  any  member  of  said 
board,  or  by  any  qualified  elector  of  said  town  or  city,  present 
at  the  time  of  canvassing,  a  certified  copy  of  which  record  shall 
be  evidence  of  the  facts  therein  stated ;  and  for  any  willful  neglect 
on  the  part  of  said  clerk  to  make  said  record,  whenever  requested 
as  aforesaid,  he  shall  be  fined  not  exceeding  five  hundred  dollars. 

Sec.  19.     Any  person  who  shall  at  any  time  willfully  and  J'.fi"dufentiy 
fraudulently  add  a  name  to  any  list  of  voters,  or  erase  any  name  in^  '"fnw  iTom' 

voting-list. 

therefrom,  after  the  same  has  been  corrected  and  certified  as 
aforesaid,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars. 

Sec.  20.     The  members  of  the  boards  of  canvassers,  and  the  compensation 

of  boards  of 

clerks  of  such  boards  in  the  several  towns  where  no  other  pro-  canvassers  and 

their  clerks. 

vision  is  made  by  law,  shall  be  paid  two  dollars  each,  by  their 

respective  towns,  for  every  day's  attendance  in  the  discharge 

of  their  duties;  and  the  town  clerks  shall  be  paid,  in  addition, 

legal  fees  for  making  out  and  recording  the  several  lists  and 

returns  in  this  chapter  required. 

Sec.  21.     The  voting-districts  as  now  respectively  established  Voting-dis- 
tricts in  certain 

in  the   towns   of   Coventry,   Hopkinton,    Johnston,    Scituate,   J,"^°\gVow 
Smithfield,  South  Kingstown,  and  Tiverton,  shall  remain  as  at  others^'abd- 
present  constituted,  unless  the  same  shall  be  hereafter  changed 
by  the  board  of  canvassers  of  said  towns  respectively.     The 
voting-districts  now  established  in  a  town  or  city  other  than 
in  the  to^vns  mentioned  in  this  section  are  hereby  abolished. 

Sec.  22.     The  board  of  canvassers  of  any  town  or  city  may,   Power  of 

boards  of  can- 

on  or  before  the  tenth  day  of  September  in  any  year,  divide  or   ;^|';f^oti|,°.d^i3: 
redivide  such  town,  or  any  representative-district  in  such  town   ^"''^■''" 
or  city,  into  voting-districts.     The  board  of  canvassers  of  each 


30  ELECTION    LAWS. 

city  shall,  before  the  tenth  day  of  September,  in  the  year  1910, 
divide  the  representative-districts  of  such  city  which  comprise 
parts  of  two  or  more  wards,  into  voting-districts.  No  voting- 
district  shall  at  any  time  comprise  parts  of  two  or  more  wards. 
Said  board  of  canvassers  upon  the  dividing  or  redividing  of  a 
representative-district  shall  give  public  notice  of  what  repre- 
sentative-district have  been  divided  or  redividecl  into  voting- 
districts  by  publication  in  some  newspaper  having  a  general 
circulation  in  said  city  or  town,  and  shall  post,  for  a  period  of 
forty  days,  a  map  in  the  office  of  said  board  or  in  the  town  clerk 's 
office,  as  the  case  may  be,  showing  the  lines  of  said  voting-dis- 
tricts, and  shall  at  all  times  keep  the  same  on  ffle  in  their  re- 
spective offices. 

CHAPTER  9. 

(As  Amended  by  Section  3,  Chapter  640,  and  Section  1 
AND  2,  Chapter  781,  Public  Laws.) 

Of  Elective  Meetings. 

Town  meetings       Section  1.     TowQ  meetings  for  purposes  of  election  shall  be 

for  election, 

and  OT^anlzed  wamcd  and  organized  as  is  or  may  be  provided  by  law  for  the 
warning  and  organization  of  town  meetings  for  other  purposes, 
unless  otherwise  specially  directed,  and  shall  be  held  at  the 
times  by  law  appointed. 
^r^efectTon*'"^^  Sec.  2.  Ward  meetings  in  cities  for  like  purposes  shall  be 
and  o^glnized.  wamed  and  organized  as  is  or  may  be  by  law,  or  by  the  charters 
of  such  cities  provided,  and  shall  be  held  at  the  times  by  law 
appointed;  and  the  city  clerk  of  the  city  of  Providence  shall, 
in  the  warrant  calling  such  meetings,  state  the  time  of  the  rising 
of  the  sun  on  the  days  of  such  meetings :  Provided,  that  in  the 
city  of  Pawtucket  such  meetings  shall  be  warned  by  the  board 
of  canvassers  and  registration. 

Sec.  3.     Representative-district    meetings    and    voting-dis- 
trict meetings  for  the  purposes  of  election  shall  be  warned  and 


ELECTION    LAWS.  31 

organized  as  is  or  may  be  by  law  provided,  and  notice  of  all  such   an'crvoting-dis- 
nieetings  shall  be  given  by  the  city  or  touTi  clerk  issuing  his  for ciMUon. how 

warned  and 

warrant,  directed  to  the  town  sergeant  or  one  of  the  constables  organized, 
of  such  city  or  toA\ai,  directing  him  to  post,  at  least  seven  days 
before  the  day  appointed  for  such  meetings,  written  notifica- 
tions in  three  or  more  public  places  in  each  voting-district,  and 
in  each  representative-district  not  divided  into  voting-districts, 
of  th(^  time  when,  and  place  where,  such  meeting  is  to  be  holden, 
and  of  the  business  required  by  law  to  be  transacted  therein, 
and  stating  in  such  warrant  the  time  of  the  opening  and  closing 
of  the  polls  at  each  elective  meeting  to  be  held  in  such  city  or 
towii:  Provided,  that  in  the  city  of  Pawtucket  such  notice  shall 
be  given  and  posted  by  the  board  of  canvassers  and  registration. 

Sec.  4.     The  officer  charged  with  the  service  of  said  warrant  Officer  serving 

^  warrant  for 

shall,  previous  to  said  meetings,  make  return  to  the  respective   n^^^i^Tetmn  to 
district  clerks  of  his  doings  upon  said  warrant. 

Sec.  5.     In  the  election  of  general  officers,  representatives  in  the  election 

of    certain    offi- 

in  congress,  and  electors  of  president  and  vice-president  of  the  <-ers,  poiis  to  be 

kept  oDen   dur- 

United  States,  and  of  city  officers  of  all  cities,  and  in  the  election  ["nJ of  vo'ti'ng. 
of  senators  and  representatives   in   the  general  assembly,  the 
to\\ii,  ward,  representative-district,  and  voting-district  meet- 
ings of  the  several  cities  and  towns  shall  be  kept  open  for  voting 
during  the  whole  time  of  voting  for  the  day. 

Sec.  6.     Voting-district  meetings  in  towns  which  are  or  may  Boards  of  can- 

■^  "  vassers  to  des- 

be  divided  into  voting-districts  for  the  purpose  of  election,  and  lorhokUnr 
voting-district  meetings  in  representative-districts  which  are  or 
may  be  divided  into  voting-districts  for  the  purposes  of  election, 
and  representative-district  meetings  in  towTis  which  are  or  may 
be  divided  into  representative-districts  which  are  not  chvided 
into  voting-districts,  shall  l)e  held  within  the  respective  dis- 
tricts by  the  electors  thereof  at  the  times  by  law  appointed  and 
at  places  designated  by  the  board  of  canvassers  of  the  respective 
cities  and  towns;  and  the  moderator  and  clerk,  when  present, 
shall  constitute  a  quorum  of  electors  for  the  opening  of  the 


32  ELECTION   LAWS. 

polls  for  voting  for  all  civil  officers,  except  for  moderator  and 

clerk. 
^ate^kctkins         "^^c.  7.     A  meeting  of  the  electors  of  every  town,  represen- 
Tues'day  next      tativB-district  not  divided  into  voting-districts,  and  of  every 

after  first  Mon- 
day in  Novem-     voting-district  shall  be  held  annually  on  the  Tuesday  next  after 

the  first  Monday  in  November  at  a  place  to  be  designated  and 
furnished  by  the  boards  of  canvassers  of  the  respective  towns 
and  cities,  at  the  expense  of  such  towns  and  cities,  respectively, 
for  the  purpose  of  organization,  and  voting  for  general  officers, 
senators,  and  representatives  in  the  general  assembly,  represen- 
tatives in  congress,  and  electors  of  president  and  vice-president 
of  the  United  States,  if  to  be  chosen,  and  for  such  other  officers 
as  are  to  be  chosen  on  that  day. 

p^iing-p°ace  to       ^^^-  ^-     "^^^^  officcrs  of  a  representativc-district  not  divided 
andcier"^  ""^      into  votiug-districts,  and  of  a  voting-district,  shall  be  a  modera- 

diities  and 

term  of  office.  tor  and  a  clerk.  Such  moderator  shall  preside  in  all  meetings 
of  his  district  until  his  successor  is  elected  and  qualified.  He 
shall  have  the  same  authority  in  said  meetings  as  moderators  of 
to^vn  meetings  have,  and  shall  be  subject  to  the  same  penalties 
for  willful  violation  or  neglect  of  duty.  Such  clerk  shall  keep 
a  record  of  the  proceedings  of  the  meetings  in  his  district,  and, 
after  a  choice  of  officers  in  his  district,  shall,  in  writing  duly 
certified,  notify  the  town  or  city  clerk  thereof:  Provided,  that 
in  the  cities  of  Providence  and  Pawtucket  such  notification  shall 
be  made  to  the  board  of  canvassers  and  registration, 
poiis'^in  to^wns"^  ^'^c.  9.  All  towu  meetings  and  elective  meetings  for  the 
and  nforHhan     elcction  of  general  officers,  senators  and  representatives  in  the 

five  hundred 

voters.  general  assembly,  representatives  in  congress,  and  electors  of 

president  and  vice-president  of  the  United  States,  shall  be 
opened  at  ten  o  'clock  in  the  forenoon  and  shall  be  continuously 
kept  open  for  voting  in  towns  having  five  hundred  electors  or 
upwards  until  five  o'clock  in  the  afternoon,  and  in  towns  hav- 
ing less  than  five  hundred  electors  until  three  o  'clock  in  the 
afternoon,  except  as  hereinafter  provided. 


ELECTION    LAWS.  33 


lliiur  of  opt'ii- 


Sec.  10.  (As  amended  by  Section  1,  Chapter  781,  Public  ;,;:"p,,n,  .r" 
Laws.)  All  elective  meetings  in  the  following  named  cities  and  and'towns'.*'^ 
towns  shall  l)e  opened:  in  the  city  of  Providence,  at  smirise;  in 
the  city  of  Newport,  at  half  past  six  in  the  forenoon;  in  the  city 
of  Cranston,  at  six  o  'clock  in  the  forenoon;  in  the  cities  of  Central 
Falls,  Pawtucket,  and  Woonsocket,  and  in  the  town  of  Burrill- 
ville,  and  North  Providence,  at  eight  o'clock  in  the  forenoon; 
in  the  towns  of  Bristol,  Cumberland,  East  Providence,  Lincoln, 
and  Westerly,  at  nine  o'clock  in  the  forenoon;  and  in  the  first 
representative  district  of  the  town  of  Warwick,  at  forty-five 
minutes  after  five  o  'clock  in  the  forenoon  and  in  all  other  elective 
meetings  in  said  town  of  Warwick,  at  eight  o'clock  in  the  fore- 
noon. 

Sec.  11.     (As  amended  by  Section  2,  Chapter  781,  Pubhc  umir  of  <i..sing 

^  ''  J  I  1  polls   111   riM-tain 

Laws.)  Elective  meetings  in  the  cities  and  tovms  hereinafter  "Ues  and  towns. 
nan:((l  shall  be  continuously  kept  open  for  voting,  in  the  cities 
of  Providence,  Pawtucket,  Central  Falls,  Cranston,  and  Woon- 
socket, and  in  the  toAMis  of  Cumberland  and  Lincoln,  until 
seven  o'clock  in  the  afternoon  and  no  longer;  in  the  city  of 
Newport  and  town  of  Burrillville,  until  half-past  six  o'clock 
in  the  afternoon  and  no  longer ;  in  the  towns  of  East  Providence 
and  Bristol,  until  eight  o'clock  in  the  afternoon  and  no  longer; 
in  the  town  of  Warren,  until  half-past  seven  o'clock  in  the  after- 
noon and  no  longer;  in  the  towns  of  Warwick  and  Westerly, 
until  five  o'clock  in  the  afternoon  and  no  longer;  in  the  town  of 
North  Providence,  until  six  o'clock  in  the  afternoon  and  no 
longer. 

Sec.   12.     The  provisions  of  this  chapter  shall  govern  elective  Provisions  of 

this  {-haptor  to 

meetings  held  in  accordance  with  the  provisions  of  chapter  f^n^hgid"^''" 
eleven,  if  and  so  far  as  they  are  applicable  and  not  inconsistent  j^"[}^t  faw."' 
with  the  provisions  of  said  chapter  eleven. 


34 


ELECTION    LAWS. 


Pub.  I^aws, 
Chap.  829, 
March  21,  1901. 
14  R.  L,  207. 

16  R.  L42. 

17  R.  I.  391. 
25  R.  I.  522. 

Ballot-boxes 
and  other  para- 
phernalia, how 
provided. 


Form  of  ballot- 
boxes  and  how 
used. 


What  votes  to 
be  received, 
and  what  re- 
jected. 
13  R.  1.  729. 


Penalty  for 
illegal    rejection 
or  reception   of 
vote. 


CHAPTER  10. 
Of  the  Manner  of  Conducting  Elections.  . 

Section  1.  (As  amended  by  Section  4,  Chapter  640,  Public 
Laws.)  The  city  clerks  of  the  several  cities  other  than  the 
cities  of  Providence  and  Pawtucket,  and  the  boards  of  can- 
vassers and  registration  in  said  cities,  and  the  town  clerks  of  the 
several  towns  shall,  at  the  expense  of  their  respective  cities  and 
towns,  furnish  a  sufficient  number  of  ballot  boxes  and  all  other 
paraphernalia  necessary  for  the  conduct  of  elections  for  the 
voting-places  in  their  respective  cities  and  towns,  and  shall  see 
that  such  boxes  are  kept  in  proper  condition  for  use  and  that 
each  voting-place  is  supplied  with  the  required  number  of  such 
boxes  on  the  day  of  every  town,  ward,  or  district  meeting  held 
thereat. 

Sec.  2.  Said  ballot-boxes  shall  have  a  sufficient  opening  in 
the  top  to  receive  the  ballots,  and  shall  in  open  town,  ward,  and 
district  meeting,  and  before  the  balloting  has  com^menced,  be 
opened  and  exhibited  to  all  present;  after  which  they  shall  be 
kept  closed  and  locked,  and  shall  not  by  the  moderator  or  war- 
den, nor  by  any  other  person  whomsoever  upon  any  pretext 
whatever,  be  opened  until  the  balloting  be  completed,  and  shall 
be  in  charge  of  the  mioderators  and  wardens  only. 

Sec.  3.  The  moderator  or  warden  of  any  town,  ward,  or 
district  meeting  shall  receive  the  ballots  of  all  persons  whose 
names  are  upon  the  list  of  voters  certifieel  and  delivered  to  him 
by  the  c>ffice  designated  by  law,  and  shall  reject  the  ballots  of 
all  persons  attempting  to  vote  whose  names  are  not  on  saiel  list. 

Sec.  4.  Every  moderator  or  warden  whose  duty  it  is  to 
receive  l:)allots,  and  every  town  ward,  or  district  clerk,  who  shall 
reject  the  ballot  of  any  voter  whose  name  is  on  the  town,  ward, 
or  district  list,  or  who  shall  receive  the  ballot  of  any  person  whose 
name  is  not  upon  the  town,  ward,  or  elistrict  list,  or  who  shall 


ELECTION    LAWS.  65 

1  lace  or  perniit  to  V)e  placed  in  or  abstract  or  permit  to  be 
abstracted  from  the  ballot-box,  or  from  the  ballots  during  the 
comitins  thc^reof,  any  ballot,  shall  be  fined  not  less  than  five 
hundred  dollars  nor  more  than  one  thousand  dollars  or  be 
imprisoned  not  less  than  one  year  nor  more  than  five  years, 
either  or  both,  at  the  discretion  of  the  court:  Provided,  that 
nothing  herein  shall  be  construed  to  prevent  the  lawful  de- 
positing of  the  ballot  of  such  moderator,  warden,  or  clerk. 

Sec.  5.     Every  voter  shall  at  the  time  of  voting  announce  Voter  to  an- 

"^  nounre  Ins 

his  name  to  the  moderator  or  warden,  who  shall  pronounce  the   "ame't*o"be 
same  aloud  and  cause  it  to  l)e  checked  upon  the  voting-Ust   checked  beiore 

voting. 

by  the  clerk  before  the  voter  deposits  his  ballot  or  enters  any 
voting-machine. 

Sec.  6.     In  voting  bv  ballot  everv  voter  shall  also  hold  in  his   ^"ter  to  depos- 

•  "  It  biillot.  in 

hand  antl  deposit  in  said  ballot-box  his  ballot  or  ballots  in  such   ''''''"  '"^^ner. 
a  manner  that  said  moderator  and  warden  can  distinctly  see 
that  he  deposits  but  one  ballot  of  a  kind. 

Sec.  7.     After  the  voting  in  any  town,  ward,  or  district  of  counting  the 

ballots. 

meeting  shall  be  closed,  the  moderator  or  warden  and  the  clerk  f22?t/^\pni  20. 
of  such  meeting  shall  in  open  meeting  proceed  to  count  the 
ballots,  and  the  moderator  or  warden  shall  announce  the  result. 

Sec.  8.     The  moderator  or  warden  and  clerk  of  such  meet-  ^ec°i'!e°^,ieet- 
ing  shall  make  a  record  in  ink,  in  a  book  to  be  provided  for  that   b"y*^  wh°3ni!  and*^ 

what  to  con- 
purpose  by  the  secretary  of  state :  tain. 

First,  Of  the  date  of  such  meeting; 

Second,  Of  the  number  of  names  checked  upon  the  voting- 
list  used  at  such  meeting; 

Third,  Of  the  number  of  votes  cast  thereat  for  each  candidate, 
and  for  what  office ; 

Fourth,  Of  the  number  of  votes  cast  for  and  against  any 
l)roposition  of  amendment  of  the  constitution;  and 

Fifth,  Of  the  numl:)er  of  votes  cast  for  and  against  any  ques- 
tion which  has  been  voted  ui)on  at  said  meeting,  and  shall 
each  sign  such  record  in  ink.     Said  book  shall  in  no  case  be 


3G 


ELECTION    LAWS. 


Ballots  to  be 
sealed  up. 


enclosed  in  any  package  containing  ballots,  but  shall  be  taken 
by  the  moderator  or  warden  of  said  meeting,  upon  the  adjourn- 
ment thereof,  and  be  by  him  kept  separate  and  apart  from  said 
ballots,  where  it  will  not  be  exposed  to  loss  or  destruction  with 
them,  and  be  by  him  delivered  in  person  to  the  clerk  of  the  town 
or  city  in  which  such  meeting  was  held,  within  twelve  hours 
after  such  record  is  made  and  signed.  In  case  the  ballots,  or 
any  of  them,  given  in  at  such  meeting  are  lost  or  destroyed, 
the  record  in  such  book  shall  be  evidence  of  the  matters  therein 
contained  and  may  be  used  in  the  same  manner  as  such  ballots 
might  have  been  by  the  board  or  council  authorized  to  make  the 
final  count  thereof.  The  record  of  each  class  of  ballots  shall  be 
made  in  said  book  liefore  they  are  sealed  up  as  provided  in  this 
chapter. 

Sec.  9.  When  the  counting  of  the  ballots  given  in  at  such 
meeting  is  completed,  and  the  result  thereof  has  been  announced, 
the  moderator  or  warden  and  clerk  shall  forthwith  seal  up 
such  ballots  in  open  meeting,  together  with  the  certificate  pro- 
vided for  in  section  twelve  of  this  chapter,  by  enclosing  them  in 
stout  paper  and  binding  the  package  with  suitable  cord  or 
Method  of  seal-  twiuc  and  affixing  to  the  package  adhesive  labels  sufficient  in 
number  to  prevent  the  abstraction  of  any  ballots  from  or  the 
adding  of  any  ballots  to  the  contents  of  such  package,  and  the 
moderator  or  warden  and  clerk  of  the  meeting  shall  affix  their 
signatures  in  ink  to  each  of  said  labels.  Whenever  both  of  the 
officers  whose  duty  it  is  to  sign  such  labels  are  of  the  same  poli- 
tical party,  they  shall  also  allow  some  elector  of  another  poli- 
tical party  to  affix  his  signature  in  ink  to  all  of  such  labels: 
Provided,  that  in  towns  not  divided  into  voting-districts  the 
ballots  cast  for  town  officers  need  not  be  so  sealed. 

Sec.  10.  (As  amended  by  Section  5,  Chapter  640,  Public 
Laws.)  The  packages  so  sealed  up  shall  each  be  addressed  to 
the  board  or  council  to  which  they  are  to  be  delivered  and  be 
plainly  endorsed  in  ink,  by  the  clerk  of  such  meeting,  with: 


Labels  to  be 
signeil,  by 
whom. 


Packages  of 
ballots,   how  to 
be  addressed 
and  endorsed. 


ELECTION    LAWS.  37 

First,  The  iianu'  of  tlie  town  or  city  where  such  meeting  was 
held; 

Second,  The  number  of  Ww  voting-district,  if  it  be  a  voting- 
district  meeting ; 

Third,  The  num]:>er  of  the  representative-district  and  of  the 
voting-cUstrict  therein  if  it  be  a  representative  voting-district 
meeting; 

Fourth,  The  numi^er  of  the  ward,  if  it  be  a  ward-meeting; 

Fifth,  The  numlier  of  the  ward  and  of  the  voting-district 
therein,  if  it  be  a  ward  district  meeting; 

Sixth,  The  day,  month,  and  year  of  holding  such  meeting; 
and 

Seventh,  The  class  or  classes  of  ballots  which  such  package 
contains. 

Sec.  11.     The  ballots  given  at  any  such  meeting  for  electors   Ballots,  how  to 
of  president  and  vice-president  of  the  United  States,  representa-   Pui^LawsT' 

1229,    April   26, 

tives  in  the  congress  of  the  United  States,  general  officers  of  the  i905. 
state,  senators  and  representatives  in  the  general  assembly,  and 
ballots  given  in  at  any  such  meeting  upon  any  proposed  amend- 
ment of  the  constitution  and  upon  any  question  or  ciuestions 
submitted  to  the  electors  of  the  state,  shall  be  sealed  up  in  one 
package,  which  shall  contain  no  other  ballots.  In  cities  and  in 
towns  divided  into  voting-districts  the  ballots  given  in  at  any 
such  meeting  for  city  and  town  officers,  for  ward  and  voting- 
district  officers,  and  for  and  against  any  question  submitted  to 
the  electors  of  such  city  or  town  shall  be  sealed  up  in  one  pack- 
age containing  no  ballots  given  in  for  any  other  officers,  or  for 
or  against  any  proposition  or  question  submitted  to  the  electors 
of  the  state. 

Sec.  12.     (As  amended  by  Section  6,  Chapter  640,  Public   Form  of  certi- 

Laws.)     In  each  package  of  ballots  sealed  up  as  provided  in  dosed  in  pack- 
age of  ballots. 

section  nine  of  this  chapter  there  shall  be  enclosed  a  certificate 
in  ink,  signed  by  the  moderator  and  clerk  of  such  meeting, 
stating; 


38  ELECTION    LAWS. 

First,  The  number  of  names  checked  upon  the  voting-list 
used  at  such  meeting; 

Second,  The  number  of  ballots  cast  for  each  candidate  for 
whom  ballots  are  enclosed,  and  for  what  office; 

Third,  The  number  of  ballots  cast  for  and  against  any  propo- 
sition of  amendment  of  the  constitution,  if  such  ballots  are 
enclosed  therein ; 

Fourth,  The  number  of  ballots  cast  for  and  against  any  ques- 
tion submitted  to  the  electors,  if  such  ballots  are  enclosed  therein; 

Fifth,  That  such  ballots  are  all  the  ballots  that  were  given  in 
at  such  meeting  for  such  candidates  or  for  and  against  any  such 
proposition  or  question; 

Sixth,  The  date  of  such  meeting; 

Seventh,  The  city  or  town,  and  the  number  of  the  representa- 
tive-district, w^ard  or  voting-district,  in  which  such  meeting 
was  held. 
o/baifotsVo^'^'^^       Sec.  13.     In  all  cities  and  to^vns  the  packages  containing  the 

state  returning-     ,      ,,  «  ,  p  .  ,  ,       .  .1 

board.  ballots  for  electors  of  president  and  vice-president,  representa- 

Pub.  Laws,  .  .  T       rn  1 

1229,  April  2G,  tivcs  lu  congrcss,  general  ofncers,  senators  and  representatives 
in  the  general  assembly,  and  for  and  against  any  proposition  of 
aiT.endment  of  the  constitution  or  question  submitted  to  the 
electors  of  the  state,  after  such  ballots  have  been  counted, 
declared,  sealed,  and  endorsed  as  hereinbefore  provided,  shall 
be  delivered  in  person,  by  the  clerk  of  such  meeting,  to  the  state 
returning-board  within  forty-eight  hours  after  they  have  been 
sealed.  Upon  the  receipt  of  said  packages  the  secretary  of  said 
returning-board  shall  give  to  the  person  so  delivering  them  a 
certificate  of  such  delivery,  on  presentation  of  which  to  the  town 
or  city  council  such  person  shall  be  paid  ten  cents  for  each  mile 's 
travel  to  and  from  the  office  of  the  said  returning-board,  to  be 
computed  from  the  place  of  voting. 

Sec  14.  In  cities  other  than  the  cities  of  Providence  and 
Pawtucket,  and  in  towns  divided  into  voting-districts,  the 
packages  containing  the  ballots  cast  at  any  such  meeting  for  city 


1905. 


ELECTION    LAWS.  39 

and  town  officers,  and  vutinji-tlistrict,  ward,  and  ward-votins-   "f  t'"'  <i<iivory 

of  ballots  <'a.st 

district  officers,  and  for  and  against  any  question  suV)nntted  to  li'.i"),'pr„vf-*"^ 
tlu>  electors  of  such  city  or  town,  after  such  ballots  have  been   towns tUviiiMi 

1  11  11  1  1  ^  •     ^       r  '"*"  voting- 

counted,  recorded,  sealetl,  and  endorsed  as  hereinbefore  pro-  ciistncts. 

vided,  shall  V)e  delivered  in  person  by  the  clerk  of  such  mectinp;  1229,  April  26, 

to  the  clerk  of  the  city  or  town  where  such  meeting  was  held  j'^'  j|  |-  If^^- 

within  twelve  hours  after  such  s(>aling  is  done. 

Sec.   15.     In  the   cities  of   Providence  and  Pawtucket  the   rm^s  of  Provi- 
dence and  Paw- 
packages  containing  the  ballots  descri])ed  in  section  fourteen   ""i^ct. 

of  this  chapter,  given  in  at  any  such  meeting,  after  such  ballots 

have  been  counted,  recorded,  sealed,  and  endorsed  as  herein 

before  jirovided,  shall'l^e  delivered  in  person  ])y  the  clerk  of  such 

meeting  to  the  board  of   canvassers  and  registration  within 

twelve  hours  after  such  sealing  is  done. 

Sec.  16.     In  cities  other  than  the  city  of  Providence,  and  in  of  a<i.iourned 

mcotinKs  of 

to^ms  dividctl  into  voting-districts,  ward  and  district  meetings  electors. 

10  R.  I.  76L 

held  therein  respectively  for  the  (Section  of  city,  town,  ward,  is  11  i.  258. 
and  voting-district  officers,  or  of  any  of  them,  shall  at  the  time  of 
closing  the  polls  therein  described  by  law  stand  adjourned  to  the 
seventh  day  next  from  and  after  the  day  so  appointed  unless 
the  said  seventh  day  shall  fall  on  a  holiday,  and  in  that  event 
to  the  day  following  said  holiday,  with  like  adjournment  there- 
from: Provided,  however,  that  in  Westerly  and  Hopkinton  there 
shall  be  no  election  held  on  Saturday,  and  if  the  day  of  any  such 
adjournment  fall  on  Saturday  the  meeting  shall  stand  adjourned 
to  the  Monday  following. 

Sec.  17.     If  in  any  case  in  a  town  not  divided  into  voting-  of  re-opening 
districts  there  shall  be  no  election  of  the  town  officers  voted  for  not  divided 

into   voting- 

who  are  required  to  be  elected  by  the  people,  or  of  any  of  them,  districts, 
the  polls  may  be  re-opened  and  the  like  proceedings  shall  l^e 
had  until  an  election  takes  place.  In  such  towns,  after  the 
declaration  of  the  results  of  the  voting  for  town  officers,  the  town 
clerks  shall  give  certificates  of  their  election  to  the  persons 
elected  town  officers. 


40 


ELECTION    LAWS. 


Pub.  Laws, 

1229,   April   26, 

1905. 

17  R.  L  415. 


Ballots   how 
counted,  except 
in  Providence 
and  Pawtucket. 


Of  the  boaril  of 
canvassers  of 
the  city  of 
Providence. 
Pub.  Laws,  3tj.3, 
May    14,    1890. 


( )f  countiii] 
ballots. 


Sec.  18.  In  cities  other  than  the  cities  of  Providence  and 
Pawtucket  and  in  towns  divided  into  voting-districts  the  boards 
of  aldermen  and  town  councils  shall  l)e  in  session  on  the  day 
following  any  election  for  city,  town,  ward,  and  voting-district 
officers,  or  for  any  of  them,  and  shall  in  open  meeting  count  the 
1)allots  given  in  at  such  election  and  declare  the  results  thereof, 
and  the  clerks  of  such  boards  and  councils  shall  make  a  record 
thereof.  The  several  city  and  town  clerks  shall  forthwith, 
after  such  declaration,  give  certificates  of  their  election  to  the 
persons  declared  elected. 

Sec.  19.  The  board  of  canvassers  of  the  city  of  Providence 
shall  count  all  ballots  cast  at  any  election  in  said  city,  for  mayor, 
city  treasurer,  overseer  of  the  poor,  harbor  master  and  members 
of  the  common  council  and  board  of  aldermen,  and  for  such  other 
officers  as  at  the  time  of  the  passage  of  this  chapter  said  l)oard 
is  required  by  law  to  count,  and  shall  determine  and  declare 
the  result  of  such  election.  Said  l)oard  shall  also  count,  deter- 
mine and  declare  the  result  of  all  ballots  cast  in  said  city  for  and 
against  any  proposition  sulimittcd  to  the  electors  of  said  city, 
other  than  propositions  submitted  to  the  people  of  the  state  at 
large. 

Sec.  20.  Said  board  shall  meet  at  the  city  hall  of  said  city 
on  the  day  following  any  such  election  or  day  of  voting  upon 
such  question  as  afon^said,  and  shall  commence  such  count  and 
continue  the  same  on  every  secular  day  thereafter  until  said 
count  is  fully  completed.  Said  ballots  shall  be  counted  l)y  the 
members  of  said  lioard  in  j:)erson  and  in  open  meeting ;  and  any 
candidate  for  any  office  to  be  filled  at  any  such  election,  or 
any  person  authorized  by  him  in  writing,  may  be  heard  for  or 
against  the  counting  or  rejection  of  any  ballots  cast  thereat,  and 
said  board  shall  determine  all  questions  as  to  the  validity  of 
such  ballots.  Upon  the  comj^letion  of  said  count  said  l.)oard 
shall  record  and  certify,  over  the  signatures  of  its  members,  or 
a  quorum  thereof,  in  a  book  kept  by  them  for  such  purpose,  the 


I 


ELECTION    LAWS. 


41 


number  of  ballots  given  in  at  such  election,  specifying  the  names 
of  the  persons,  for  what  offices,  and  the  number  of  ballots  given 
in  for  each,  and  also  the  number  of  ballots  cast  for  and  against 
any  such  proposition,  and  forthwith  shall  publicly  declare 
the  result  thereof,  and  shall  forthwith  certify  said  result  and 
determination  to  the  city  clerk,  and  said  city  clerk  shall  there- 
upon issue  certificates  of  election  to  the  persons  certified  by  said 
board  to  have  l^een  elected,  and  in  case  of  the  adoption  or  rejec- 
tion of  any  such  proposition  shall  take  any  subsequent  action 
required  of  him  by  law.  Whenever  it  shall  appear  from  the  cer- 
tificate of  said  board  that  no  person  has  been  lawfully  elected 
to  any  office,  said  city  clerk  shall  thereupon  forthwith  notify  the 
mayor  of  said  city  in  WTiting,  and,  as  soon  as  may  be  thereafter, 
said  mayor  shall  convene  the  board  of  aldermen,  and  said  board 
of  aldermen  shall  issue  warrants  for  another  election:  Provided, 
however,  that  a  period  of  not  less  than  seven  nor  more  than  ten 
days  shall  intervene  l:)etween  the  time  said  city  clerk  shall  be 
notified  as  aforesaid  of  such  election;  and  so  from  time  to  time 
shall  order  new  elections  until  the  election  shall  be  completed. 

Sec.  21.  All  ballots,  records,  certificates,  returns,  books,  J^e  baiio'ts''™  °^ 
documents  and  papers,  of  every  kind  and  nature,  except  as 
provided  in  section  eight  of  this  chapter,  pertainingjto  any  such 
election  or  the  voting  upon  any  such  proposition,  shall  in  the 
city  of  Providence  be  returned  and  delivered  to  and  filed  with 
said  ])oard  within  the  time  and  in  the  manner  provided  by 
sections  eight,  fourteen,  and  fifteen  of  this  chapter,  and  under 
the  same  penalties  as  provided  by  section  thirty-one  of  this 
chapter.  Any  member  of  said  board  who  shall  knowingly 
make  any  false  count,  return,  record,  or  certificate  of  any  kind 
relative  to  the  count  of  said  ballots,  or  the  determination  of  the 
result  of  any  such  election  or  the  voting  upon  any  such  proposi- 
tion as  aforesaid,  shall  be  subject  to  a  fine  of  not  exceeding  five 
thousand  dollars  or  to  imprisonment  not  exceeding  five  years 
or  to  Ijoth  such  fine  and  imprisonment. 


42  ELECTION    LAWS. 

d^iowSYo^''  Sec.  22.     The  several  boards  and  councils  named  in  sections 

countinTof  "^  eighteen  and  nineteen  shall,  at  the  counting  of  the  ballots  pro- 
vided for  therein,  admit  two  republicans  and  two  democrats 
within  the  space  reserved  for  such  counting,  and  allow  them  to 
scrutinize  said  counting  under  such  reasonable  restrictions  as 
may  be  prescribed  by  such  boards  and  councils.  Each  of  such 
republicans  and  democrats  shall  be  authorized  in  writing,  by  the 
chairman  of  the  city  or  town  committee  of  the  political  party 
to  which  he  belongs.  The  provisions  of  this  section  shall  not 
be  construed  to  prevent  said  boards  or  councils  from  admitting, 
in  their  discretion,  other  persons  within  said  reserved  space 
during  such  counting. 
?o"arcfo/can-  Sec.  23.     (As  amended  by  Section  QVz,  Chapter  640,  Public 

r^^strltion  of     Laws.)     The  board  of  canvassers  and  registration  of  the  city 

Pawtucket  as  •  i  •  i  i 

tocountiiiK         of  Pawtucket  shall  count  all  ballots  delivered  to  it  under  the 

certain    votes 

tmrate"'of  '^"'  provisions  of  Sections  14  and  15  of  this  chapter.  Upon  com- 
pleting any  such  count  said  board  shall  declare  the  result  and 
the  clerk  shall  make  a  record  thereof  in  a  book  kept  for  that 
purpose  in  manner  provided  by  law,  certifying  to  the  same  over 
his  signature,  and  said  clerk  shall  forthwith  issue  a  certificate 
of  election  to  all  persons  declared  elected.  Whenever  it  shall 
appear  from  such  count  that  no  person  has  been  lawfully 
elected  to  any  office,  said  board  shall  in  manner  provided  by 
law  issue  a  warrant  for  another  election. 
baiiotTonce  ^Ec.  24.     No  package  of  ballots,  after  having  been  sealed  as 

olfened°except*'   providcd  in  scctioii  nine  of  this  chapter,  shall  thereafter  be 

by  whom. 

opened  by  any  moderator,  warden,  or  clerk,  or  by  any  other 
person  upon  any  pretence  whatever,  except  by  the  Ijoards  to 
councils  authorized  by  law  to  count  the  same  and  at  the  time 
provided  for  such  counting.  Any  person  who  shall  willfully 
violate  any  of  the  provisions  of  this  section  shall  be  fined  not 
more  than  one  thousand  dollars  or  be  imprisoned  not  more  than 
three  years,  or  both. 


ELECTION    LAWS.  43 

Sec.  25.     The  secretary  of  state  shall  at  the  expense  of  the  Sppr/;obe°° 
state  procure  for  use  at  all  elective  meetings  held  therein  a  the  serntary  of 

state. 

sufficient  supply  of  suitably  strong  cord  and  twine  and  of  paper 
for  enclosing  the  ballots,  and  also  of  adhesive  labels  not  less 
than  four  inches  in  length  and  two  and  one-quarter  inches  in 
width,  for  use  in  complying  with  the  provisions  of  section  nine 
of  this  chapter.  He  shall  also  for  use  at  all  meetings  held  there- 
in for  the  election  of  electors  of  president  and  vice-president  of 
the  Ihiited  States,  representatives  in  congress,  general  officers, 
and  senators  and  representatives  in  the  general  assembly,  or 
for  voting  upon  propositions  or  questions  submitted  to  the 
electors  of  the  state,  have  printed  at  such  expense,  upon  the 
paper  for  enclosing  the  ballots,  or  ui)on  adhesive  labels  not  less 
than  six  inches  in  length  and  four  inches  in  width,  a  sufficient 
number  of  blank  forms  of  the  endorsement  provided  for  in 
section  ten  of  this  chajiter,  and  upon  suitable  paper  a  sufficient 
supply  of  blank  forms  of  the  certificates  provided  for  in  section 
twelve  of  this  chapter,  and  shall  furnish  to  the  city  or  towai  clerk 
of  each  city  and  town,  at  least  ten  days  before  the  day  for  hold- 
ing such  meetings,  an  ample  quantity  of  each  of  the  articles 
named  in  this  section  for  use  at  all  meetings  to  be  held  in  such 
city  or  town. 
Sec.  26.     The  several  city  and  toAvn  clerks  shall  at  the  expense  city  and  town 

''  *  clerks  to  fur- 

of  their  respective  cities  and  towns  procure  for  use  at  meetings  suppii"r'"" 
held  therein  for  the  election  of  city,  town,  ward,  and  district 
officers  a  sufficient  supply  of  blank  forms  of  the  endorsement 
provided  for  in  section  ten  of  this  chapter,  printed  upon  ad- 
hesive la})els  not  less  than  six  inches  in  length  and  four  inches  in 
width,  or  upon  strong  paper  of  suitable  size  for  enclosing  the 
ballots  as  provided  in  section  nine  of  this  chapter,  and  of  the 
certificates  provided  for  in  section  twelve  of  this  chapter;  and 
shall  seasonably  furnish  at  each  voting-place  therein,  on  the 
day  of  every  election  held  thereat,  an  ample  quantity  of  each  of 
the  articles  named  in  this  section,  and  of  the  articles  provided 

I 


44 


ELECTION    LAWS. 


Clerks  may 
appoint  some 
officer  to  de- 
liver ballots, 
when. 


Words  "bal- 
lots" and 
"votes"   con- 
strued. 


Words  "vot- 
ing-district," 
"warden," 
and  "clerk" 
construed. 


Penalty  for 
neglect  or  re- 
fusal to  f\ir- 
nish  certifi- 
cates of  elec- 
tion. 


Penalty  for 
neglect  to 
count,  seal  up, 
etc.,  ballots. 
16  R.  I.  42. 


for  in  sectim  twenty-five  of  this  chapter,  to  be  furnished  to  him 
by  the  secretary  of  state. 

Sec.  27.  Every  clerk  upon  whom  is  imposed  by  tliis  chapter 
the  duty  of  delivering  any  package  of  ballots  may  appoint  in 
writing  some  officer  of  the  city  or  town  where  he  resides  to 
deliver  such  package  in  his  stead,  in  case  of  his  sickness  or 
absolute  inability  to  deliver  the  same  in  person. 

Sec.  28.  Wherever  in  this  chapter  the  word  "ballots"  or 
the  word  "votes"  is  used  it  shall  be  construed  to  mean  the 
evidence  of  the  intent  of  the  voters  as  shown  by  the  tally-sheets 
or  records  made  upon  paper  by  any  voting-machine  used  in  the 
election  of  officers  or  in  voting  upon  any  proposition  or  question. 

Sec.  29.  The  words  "voting-district"  shall  be  construed  to 
include  ward  voting-districts,  the  word  "warden"  ward-district 
wardens,  and  the  word  "clerk"  ward-district  clerks,  wherever 
used  in  this  chapter,  and  the  duties  imposed  upon  wardens  and 
clerks  by  this  chapter  are  hereby  imposed  upon  ward-district 
wardens  and  ward-district  clerks. 

Sec.  30.  Every  city  or  town  clerk  who  shall  neglect  or  refuse 
to  furnish  any  city,  town,  ward,  or  voting-district  officer-elect 
with  a  proper  certificate  of  his  election  as  soon  as  may  be  there- 
after shall  be  fined  not  less  than  fifty  dollars  njr  more  than  five 
hundred  dollars,  or  be  imprisoned  not  exceeding  six  months, 
either  or  both,  at  the  discretion  of  the  court  which  shall  try 
such  offender. 

Sec.  31.  Every  moderator,  warden,  or  clerk  who  shall 
neglect  to  count  the  ballots  or  to  declare  the  result  thereof  as 
provided  in  this  chapter  or  to  seal  up  the  ballots  at  the  time  and 
in  the  manner  provided  therein,  or  who  shall  knowingly  seal 
up  only  a  part  of  the  ballots,  or  who  shall  willfully  neglect  to  en- 
close in  the  package  with  the  ballots  the  certificate  provided  for 
in  section  twelve  hereof,  or  to  make  and  sign  the  record  in  the 
book  kept  for  that  purpose,  shall  be  fined  not  less  than  fifty 
dollars  nor  more  than  three  thousand  dollars,  or  be  imprisoned 


ELECTION    LAWS.  45 

not  more  than  three  years,  or  botli,  in  the  discretion  of  tlie  court 
before  whicli  such  offender  shall  be  tried. 

Sec.  32.     Every  moderator  or  warden  who  shall  neglect  to  Penalties  on 

niodorators, 

take,  kee]i  or  ^leli^•er  the  r(H'ord-book  of  any  elective  meeting  to  ^erks"**' '^'^'^ 
the  officer  in  the  manner  or  at  the  time  provided  in  this  chapter,  ^''  ^  '  ^"■ 
and  every  clerk  who  shall  neglect  to  make  the  endorsement  upon 
any  package  of  ballots  or  to  deliver  such  package  as  to  providcnl, 
and  every  officer  authorized  by  any  clerk  to  deliver  any  package 
of  ballots  in  his  stead  who  shall  neglect  to  deliver  the  same  to 
the  ])roper  person  or  within  the  time  so  provided,  and  every 
city  or  town  clerk  wh )  shall  neglect  to  provide  at  each  voting- 
place  in  the  city  or  town  of  whicli  he  is  clerk  an  ample  supply  of 
the  articles  named  in  section  twenty-six  of  this  chapter,  or  of 
any  of  them,  shall  be  fined  not  less  than  twenty  dollars  nor  more 
than  one  thousand  dollars,  or  be  imprisoned  not  more  than  one 
year,  or  both,  in  the  discretion  of  the  court  before  which  such 
offender  shall  l)e  tried. 

Sec.  33.     All  provisions  of  anv  public  or  special  law  in  rela-   R<pfai  of  pub- 
lic or  speoial 

tion  to  any  city  or  town  inconsistent  with  this  chapter  are  hereby  '''"'^• 
repealed  so  far  as  they  apply  to  the  conduct  of  elections  held  for 
any  of  the  officers  or  for  voting  upon  any  proposition  or  question 
named  in  this  chapter. 

CHAPTER    11.  Gen.  Laws, 

1890,  Ch.  n. 
Pub.  Laws, 

Of  Elections  by  Secret  Ballot.  Hot'.  ^^"^  ^^'' 

Section  1.     For  all  elections  of  electors  of  president  and   Ballots  used  at 

stale    elections, 

vice-president  of  the  United  States,  representatives  in  the  con-  ^^{^J'^°  ^'^ '"""' 
gress  of  the  United  States,  general  officers  of  the  state,  and  f^jlj^,  ^^^^\ 
members  of  the  general  assembly,  the  nominations  for  such 
officers  shall  be  printed  on  one  ballot,  together  with  any  proposed 
amendment  to  the  constitution  of  the  state  or  other  question 
submitted  to  the  electors  of  the  state.  The  printing  of  such 
ballots  and  the  instruction-sheets  hereinafter  provided,  and  the 


April  211,  UK)."). 


46 


ELECTION   LAWS. 


Ballots  for 
elections  of  city 
officers,   and 
votes  on  city 
questions,  how 
furnished. 


Ballots  for  elec- 
tions of  town 
officers,  how 
furnished. 


t'.elivery  of  them  to  the  several  cities  and  towns  shall  be  paid  for 
by  the  state.  The  distribution  of  the  ballots  to  the  voters  shall 
be  paid  for  by  the  cities  and  towns  respectively. 

Sec.  2.  All  ballots  cast  in  elections  by  the  people  of  the 
several  cities  (not  including  towns)  for  mayor,  other  general  city 
officers  and  members  of  the  school  committee,  for  members  of 
the  city  council,  and  for  ward  or  voting-district  officers  in  any 
city,  or  on  any  question  submitted  to  the  vote  of  the  electors  of 
any  city,  shall  be  printed  and  distributed  at  the  expense  of  such 
city,  as  hereinafter  provided. 

Sec.  3.  In  elections  by  the  people  of  the  several  towns  (not 
including  cities)  which  have  adopted,  or  shall  adopt,  the  system 
of  voting  provided  by  this  chapter,  all  ballots  cast  for  officers 
who  are  elected  by  the  people  of  such  towns  respectively,  mem- 
bers of  the  school  committee,  and  voting-district  officers,  shall 
be  printed  and  distributed  at  the  expense  of  such  towns,  as 
hereinafter  provided. 


Nomination  of  Candidates  in  Convention  or  Caucus. 


Congressmen 
and  state  offi- 
cers,  how  to  be 
nominated  in 
caucus  or  con- 
vention. 


Sec.  4.  (As  amended  by  Section  7,  Chapter  640,  Public 
Laws.)  Any  convention  of  delegates  representing  a  political 
party  which,  at  the  election  next  preceding,  polled  at  least  two 
per  centum  of  the  entire  vote  cast  in  the  state  for  governor,  may 
for  the  state  make  one  nomination  for  each  office  mentioned  in 
section  one  of  this  chapter,  therein  to  be  filled  at  the  election, 
and  any  convention  of  delegates  or  caucus  representing  a  polit- 
ical party  which  at  the  election  next  preceding  polled  at  least 
two  per  centum  of  the  entire  vote  cast  for  governor  in  any  con- 
gressional district,  city,  town,  or  representative-district,  may 
for  such  district,  city,  or  town,  make  one  nomination  for  each 
office  mentioned  in  said  section  one,  therein  to  be  filled  at  the 
election,  by  causing  a  certificate  of  nomination  to  be  duly  filedj 
as  hereinafter  provided.     Every  such  certificate  of  nomination 


ELECTION    LAWS.  47 

shall  state  such  facts  as  arc  rcciuirecl  for  its  acceptance  by  this 
section  and  by  section  sixteen  of  this  chapter. 

Sec.  5.     Any  convtnition  of  delegates  representing  a  polit-  T'*-^  "fj 


rers, 
be  lu  m- 


ical  party  which,  at  the  election  next  preceding,  polled  at  least   •"''t'''i '"  f »"- 


vetition  or  cau- 


two  percentum  of  the  entire  vote  cast  in  the  city  for  which  the 
nomination  is  made,  held  in  any  such  city,  and  any  caucus  of 
such  a  i)olitical  party,  held  in  any  such  city,  for  the  nomination 
of  general  city  officers,  or  school  committee,  or  in  any  ward  or 
voting-district,  in  such  city,  for  the  nomination  of  officers  to 
be  chosen  by  the  voters  of  such  ward  or  voting-district,  may  for 
the  city,  ward,  or  voting-district,  for  which  the  convention  or 
caucus  is  held,  as  the  case  may  be,  by  causing  a  certificate  of 
nomination  to  be  duly  filed,  make  one  such  nomination  for  each 
office  therein  to  be  filled  at  the  election.  Every  such  certificate 
of  nomination  shall  state  such  facts  as  are  required  for  its 
acceptance  by  this  section  and  by  section  sixteen  of  this  chapter. 

Sec.  6.     Any  convention  of  delegates  representing  a  political   ho^'"°bj.''no, 
party  which,  at  the  election  next  preceding,  polled  at  least  two  "'^^'"'^ '"  ''°" 


nomi- 


vention  or  cau- 
cus. 


per  centum  of  the  entire  vote  cast  in  the  town  for  which  the 
nomination  is  made,  held  in  any  such  town,  and  any  caucus  of 
such  a  political  party,  held  in  any  such  t3wn,  for  the  nomination 
of  the  officers  referred  to  in  section  three  of  this  chapter,  as  the 
case  may  be,  by  causing  a  certificate  of  nomination  to  be  duly 
filed,  may  make  one  such  nomination  for  each  office  therein  to 
be  filled  at  the  election.  Every  such  certificate  of  nomination 
shall  state  such  facts  as  are  required  for  its  acceptance  by  this 
section  and  by  section  sixteen  of  this  chapter. 

Sec.  7.     Wherever  the  words  "pohtical  party"  are  used  in   Words -poU- 

tkal  jjarty" 

section  four,  five,  and  six  of  this  chapter,  they  shall  be  construed   defined. 

Pub.  Laws, 

to  mean  a  political  party  which  at  the  next  precetUng  annual   \^^'  ^^^-  ^^• 
election  of  state  officers  cast  for  its  candidate  for  governor  at 
least  two  per  centum  of  all  the  votes  cast  in  the  state  for  that 
officer. 


48 


ELECTION   LAWS. 


Nomination  of  Candidates  by  Individjjal  Voters. 


General   officers 
may  be  nomi- 
nated by  500 
electors; 

Representa- 
tives in  con- 
gress by  250 
electors. 


Number  of 
signatiires  rc- 
qviired  for 
nomination  of 
senators. 


Nimiber  of 
sif;natures  re- 
(Hiired  for 
nomination  of 
representatives. 


General  city 
officers,  by  100 
electors. 


General  town 
officers,  by  50 
electo.'s. 


Number  of 
signatures  re- 
quired for 
nomination  of 
ward,   represen- 
tative, and  vot- 
ing-district 
officers. 


Sec.  8.  Nominations  of  candidates  for  any  offices  to  be 
filled  by  the  voters  of  the  state  at  large,  or  of  a  congressional 
district,  may  be  made  by  nomination-papers  signed  in  the  aggre- 
gate for  each  candidate  by  not  less  than  five  hundred  qualified 
voters  of  the  state  in  the  case  of  a  state  office,  and  two  hijndred 
and  fifty  in  the  case  of  a  representative  in  congress. 

Sec.  9.  (As  amended  by  Section  8,  Chapter  640,  Public 
Laws.)  Nominations  of  candidates  for  senators  in  any  city  may 
be  made  by  nomination-papers  signed  by  one  hundred  voters  of 
such  city  qualified  to  sign  such  nomination-papers,  and  in  any 
town  by  nomination-papers  signed  by  fifty  voters  of  such  town 
qualified  to  sign  such  nomination-papers. 

Sec.  10.  (As  amended  by  Section  9,  Chapter  6i0,  Public 
Laws.)  Nominations  of  candidates  for  members  of  the  house 
of  representatives  from  any  town  not  divided  into  representa- 
tive-districts, or  from  any  representative-district,  may  be  made 
by  nomination-papers  signed  by  fifty  voters  of  such  town  or 
representative-district  qualified  to  sign  such  nomination-papers. 

Sec.  1L  Nominations  of  candidates  for  any  municipal 
offices  to  be  filled  by  the  voters  of  any  city  at  large  may  be 
made  by  nomination-papers,  signed  in  the  aggregate  for  each 
candidate  by  not  less  than  one  hundred  qualified  voters  of  such 
city. 

Sec.  12.  Nominations  of  candidates  for  any  municipal 
offices  to  be  filled  by  the  voters  of  any  town  at  large  (not  in- 
cluding cities)  may  be  made  by  nomination-papers  signed  in  the 
aggregate  for  each  candidate  by  not  less  than  fifty  qualified 
voters  of  such  town. 

Sec.  13.  (As  amended  by  Section  10,  Chapter  640,  Public 
Laws.)  Nominations  of  candidates  for  offices  to  be  filled  by 
the  voters  of  any  representative-district,  ward,  or  voting-district 
in  any  city  or  town  may  be  made  by  nomination-papers  signed  I 


ELECTION    LAWS.  49 

in  the  aggregate  for  each  candidate  by  not  less  than  fifty  voters 
qualified  to  vote  for  each  of  such  candidates. 

Sec.  14.     (As  amended  bv  Section  11,  Chapter  640,  Public   How  nomina- 

^  -^  )  r-  7  jm,j  papers 

Laws.)     Each  voter  signing  a  nomination-paper  shall  add  to  andM^rtilloate'' 

his  signature  his  place  of  residence,  and  each  voter  may  sub-  of  signors  re- 
quired. 
scribe  to  one  nomination  for  each  office  to  be  filled  and  no  more. 

Each  nomination-paper  required  by  laAV  to  bo  filed  with  the 

secretary  of  state  shall,  before  being  filed,  be  submitted  to  the 

board  of  canvassers  and  registration  in  cities  in  which  such  board 

is  or  shall  be  established,  at  least  two  days  before  the  last  day  for 

filing  the  same,  and  to  the  city  or  town  cleric  in  other  cities  and 

towns  in  which,  respectively,  the  signers  purport  to  be  qualified 

voters,  and  the  clerk  of  each  board  of  canvassers  and  registration 

and  each  city  or  town  clerk  to  whom  the  same  is  submitted  shall 

forthwith  certify  thereon  what  number  of  the  signatures  are 

names  of  voters  qualified  to  sign  such  nomination-paper  in  such 

cit}'  or  town,  ward,  or  district:     Provided,  however,  that  when  Special  pro- 
vision regard- 
such  list  shall  be  sul^mitted  to  said  board,  or  whenever  any  such   ing  nomination 

'  "^  papers  tileci  on 

nomination-paper  shall  be  filed  with  said  board,  on  any  date  ^jjy  of  any  ^au- 
on  which  a  caucus  of  any  political  party  is  to  be  held,  said  clerk 
shall  not  certify  as  to  the  qualification  of  such  signers  until 
after  said  caucus  shall  have  been  held. 

Sec.  15.     (Repealed   by   Section    12,    Chapter   610,    Public 
Laws.) 

Certificates  of  Nomination  and  Nomination-Papers. 

Sec.  16.     Every  certificate  of  nomination  and  every  nomina-  ^j^™  "J Jf " 
tion-paper  shall,  besides  containing  the  names  of  candidates,   and"nomrn"ftio-n 
specify  as  to  each:  (1)  the  office  for  which  he  was  nominated;  candidates. 
(2)  the  party  or  political  principle  which  he  represents,  expressed 
in  not  more  than  three  words:     Provided,  that  in  such  expres- 
sion the  Avords  " Republican"  or  " Democrat"  shall  not  be  com- 
bined with  any  other  word  or  words;  and  (3)  his  place  of  resi- 
dence, with  street  and  number  th(u-{H)n,  if  any.     And  in  the  case 


50 


ELECTION   LAWS. 


'  Certificates   of 
nominations  to 
be  autiienti- 
cated. 


Certificates   of 
nominations, 
and  nomination 
papers,  to  be 
filed,  wiien. 
Pub.  Laws, 
812,  Jan.  31, 
1901. 


How  and  wht  n 
persons  nomi- 
nated may 
withdraw  as 
candidates. 


of  electors  of  president  and  vice-president  of  the  United  States 
the  names  of  the  candidates  for  president  and  vice-president  may 
be  added  to  the  party  or  poHtical  appellation. 

Sec.  17.  Every  certificate  of  nomination  shall  be  signed  by 
the  presiding  officer,  and  by  the  secretary  or  clerk,  of  the  caucus 
or  convention  by  which  the  nominations,  thereby  certified,  were 
made;  and  each  of  said  officers  shall  add  thereto  his  place  of 
residence;  and  the  officers  signing  said  certificate  shall  swear  that 
the  statements  contained  in  the  same  are  true  to  the  best  of  their 
knowledge,  information  and  belief,  and  a  jurat  of  said  oath  shall 
be  affixed  to  said  certificate  by  the  officer  before  whom  said  oath 
was  made. 

Sec.  18.  Certificates  of  nomination  and  nomination-papers 
for  officers  referred  to  in  section  one  of  this  chapter  shall  be  filed 
at  least  twenty  days,  and  such  certificates  and  papers  for  officers 
referred  to  in  sections  two  and  three  of  this  chapter  shall  be 
filed  at  least  fifteen  days  previous  to  the  day  of  the  election  for 
which  the  candidates  are  nominated,  and  may  be  filed  by  any 
person  lawfully  in  possession  of  the  same  for  that  purpose. 

Sec.  19.  (As  amended  by  Section  14,  Chapter  640,  Public 
Laws.)  Any  person  whose  name  has  been  presented  as  a  can- 
didate for  any  office  mentioned  in  section  one  of  this  chapter 
may  cause  his  name  to  be  withdrawn  from  nomination  by 
request  in  writing  signed  by  him  and  acknowledged  before  any 
officer  qualified  to  take  acknowledgment  of  deeds  and  filed 
with  the  secretary  of  state  at  least  eighteen  days  i^revious  to  the 
day  of  the  election  for  which  such  candidate  was  nominated; 
and  any  person  whose  name  has  been  presented  as  a  candidate 
for  any  office  referred  to  in  sections  two  and  three  of  this  chapter 
may  cause  his  name  to  be  withdrawn  from  nomination  by 
request  in  writing  signed  and  acknowledged  as  aforesaid  and 
filed  with  the  city  clerk  or  town  clerk  of  the  city  or  town, 
respectively,  in  which,  or  in  any  ward  or  voting-district  of 
which,  the  election  of  candidates  for  said  last-mentioned  office 


I 


ELECTION    LAWS.  61 

is  to  be  hold,  at  least  thirteen  clays  previous  to  the  day  of  the 
election  for  which  such  candidate  was  nominated:  Provided, 
that  in  the  city  of  Pawtucket  said  withdrawal  shall  be  filed  with 
the  board  of  canvassers  and  registration.  No  name  so  with- 
drawn shall  be  printed  upon  the  ballots;  but  no  nomination 
which  is  actually  published  and  posted  as  provided  in  this  chap- 
ter shall  be  subsequently  omitted  as  invalid. 

Sec.  20.     (As  amended  by  Section  13,  Chapter  640,  Public  Vacancies 

caused  by 

Laws.)     Whenever  anv   candidate  shall   have  withdrawTi  as  cieath  or  with- 

'  '  drawal  of  can- 

herein  provided,  or  whenever  any  candidate,  duly  nominated  tobefilied"'^ 
shall  die,  the  vacancy  may  be  supplied  l)y  the  political  party, 
or  other  persons,  making  the  nomination,  by  the  nomination  of 
another  candidate  in  the  manner  hereinbefore  provided;  or, 
if  there  is  not  sufficient  time,  in  such  manner  as  such  party 
ma}'  have  before  provided  by  a  vote  of  the  convention  or 
caucus  thereof;  or,  if  there  has  been  no  such  vote,  in  such  man- 
ner as  the  executive  committee  or  other  general  committee 
representing  such  party  for  the  state,  congressional  district, 
city,  or  to^^^l,  representative-district,  ward  or  voting-district, 
as  the  case  may  be,  shall  provide,  said  nomination  to  be  filed  in 
manner  hereinbefore  provided. 

Sec.  21.  (As  amended  by  Section  15,  Chapter  640,  Public  Nominations 
Laws.)  Certificates  of  nomination  and  nomination-papers,  and  tobJfiie'd^''"™ 
requests  for  withdrawal  of  the  name  of  any  candidate,  and 
nominations  in  substitution  of  candidates  so  withdrawing,  relat- 
ing to  any  of  the  offices  mentioned  in  section  one  of  this  chapter, 
shall  be  filed  with  the  secretary  of  state,  or  in  his  office  with 
some  person  there  present  and  officially  representing  him;  and 
certificates  of  nomination  and  nomination-papers,  and  request 
for  withdrawal  of  the  name  of  any  candidate,  and  nominations  in 
substitution  of  candidates  so  withdrawing,  relating  to  any  of  the 
offices  referred  to  in  sections  two  and  three  of  this  chapter,  shall 
be  filed  with  the  city  clerk  or  town  clerk  of  the  city  or  town 
respectively,  in  which,  or  in  any  ward  or  voting-district  of  which, 


52 


ELECTION   LAWS. 


Nominations 
and  withdraw- 
als, to  be  open 
to  inspection 
and  preserved 
for  at  least  one 
year. 


Of  voting  in 
case  of  candi- 
date dying  too 
late  for  new 
nomination. 


Ballots,  how 
prepared,  and 
what  to  con- 
tain. 

Pub.  Law.s, 
1229,  Sec.  2, 
April  26,  190.''i. 
16  R.  I.  766. 


the  election  of  candidates  for  s^icl  last-mentioned  offices  is  to 
be  held,  or  shall  be  filed  in  the  office  of  such  city  clerk  or  town 
clerk  with  some  person  there  present  and  officially  representing 
him :  Provided,  that  in  the  city  of  Pawtucket  such  certificates, 
nomination-papers,  withdrawals,  and  nominations  shall  be  filed 
with  the  board  of  canvassers  and  registration,  or  in  their  office 
with  some  person  there  present  and  officially  representing  them. 

Sec.  22.  (As  amended  by  Section  16,  Chapter  640,  Public 
Laws.)  All  certificates  of  nomination  and  nomination-papers, 
and  all  requests  for  withdrawal  of  the  name  of  any  candidate, 
and  all  nominations  in  substitution  of  candidates  so  withdraw- 
ing, when  filed,  shall  be  open,  under  proper  regulations,  to 
public  inspection,  and  the  secretary  of  state,  city  clerks  and 
town  clerks,  and  boards  of  canvassers  and  registration,  respect- 
tively,  shall  preserve  the  same  in  their  respective  offices  not  less 
than  one  year. 

Sec.  23.  In  case  any  candidate  shall  die  before  the  election, 
but  too  late  for  a  new  nomination  to  be  printed  on  the  ballots, 
the  voters  may  vote  for  any  other  person  for  the  same  office  by 
substituting  the  name  of  such  other  person  in  the  blank  space 
on  said  ticket  and  placing  a  cross  at  the  right  of  said  name. 

Sec.  24.  Every  ballot  printed  in  accordance  with  the  pro- 
visions of  this  chapter  shall  contain  the  names  of  all  candidates 
whose  nominations  for  any  offices  specified  in  the  ballot  have 
been  duly  made  and  not  withdrawn  in  accordance  herewith,  and 
shall  contain  no  other  names  except  the  surnames  of  candidates 
for  president  and  vice-president  of  the  United  States.  The 
names  of  all  such  candidates  and  the  offices  for  which  they  are 
nominated  shall  be  arranged  on  the  ballot  in  perpendicular 
columns,  one  column  being  assigned  to  each  political  party 
making  nominations  by  convention,  caucus,  or  nomination- 
papers  in  accordance  with  the  provisions  of  this  chapter:  Pro- 
vided, however,  that  in  case  only  a  partial  list  of  candidates  is 
nominated  by  any  political  party  other  than  the  republican  or 


ELECTION   LAWS.  53 

democratic  party,  two  or  more    such  lists  may  be  arranged 
whenever  practicable  in  the  same  column. 

The  first  column  on  the  left-hand  side  of  every  ballot  printed 
in  accordance  with  the  provisions  of  this  chapter  shall  contain 
only  the  names  of  the  nominees  of  the  republican  party;  the 
second  column  only  those  of  the  democratic  party;  and  the 
order  of  such  other  nominations  as  may  be  made  shall  be  deter- 
mined by  the  official  whose  duty  it  is  to  prepare  the  ballots. 
At  the  top  of  each  column  or  list,  immediately  above  the  title 
of  the  first  office  to  be  voted  for,  there  shall  be  printed  in  capital 
letters  not  less  than  one-fourth  of  an  inch  in  height  the  name  of 
the  political  partj'  by  which  the  candidates  in  such  column  were 
nominated.  In  case  a  nomination  is  made  by  nomination- 
papers,  the  words  "nom.  papers"  shall  be  added  to  the  party 
name. 

Above  such  part}'  name  shall  be  printed  a  circle  not  less  than 
seven-eighths  of  an  inch  in  diameter,  and  such  circle  shall  be 
surrounded  by  the  following  words  printed  in  plain  letters: 
"For  a  straight  ticket  make  a  cross  (X)  within  the  circle." 
Above  each  circle  shall  be  printed  an  emblem  or  device  desig- 
nating or  distinguishing  the  political  party  whose  nominations 
have  been  assigned  to  that  column.  Such  emblem  or  device  of 
the  republican  party  shall  be  the  representation  of  an  eagle,  and 
such  emblem  or  device  of  the  democratic  party  shall  be  the 
representation  of  a  star.  The  emblem  or  device  designating  or 
distinguishing  any  other  political  party  whose  nominations  may 
now,  or  from  time  to  time,  be  entitled  to  be  placed  upon  the 
ballot  shall  be  selected  by  the  secretary  of  state  and  be  printed 
upon  the  ballot  above  the  column  assigned  to  the  nominations  of 
such  party:  Provided,  however,  that  the  emblem  or  device  sliall 
be  entirely  different  for  each  political  party,  and  may  be  any 
appropriate  symbol ;  but  neither  the  coat  of  arms  or  seal  of  any 
state  or  of  the  United  States,  the  national  flag,  any  religious 
emblem  or  symbol,  the  seal  of  any  society,  the  portrait  of  anj^ 


54  ELECTION   LAWS.  , 

person,  or  the  representation  of  a  coin  or  of  the  currency  of  tlie 
United  States,  shall  be  chosen  as  a  distinguishing  emblem. 
Whenever  any  emblem  or  device  has  been  selected  by  the  secre- 
tary of  state,  and  used  upon  official  ballots  for  any  political 
part}^,  it  shall  not  thereafter  be  so  used  for  any  other  political 
party. 

In  each  column  the  names  of  the  candidates,  their  residence, 
together  with  the  street  and  number  if  any,  shall  be  placed 
immediately  below  the  title  of  the  office  for  which  they  are 
nominated,  and  at  the  right  of  the  name  of  each  candidate  and 
on  the  same  line  there  shall  be  a  square  so  printed  as  to  give 
the  voter  an  opportunity  to  designate  by  a  cross  (X)  therein  his 
choice  of  candidates;  except  that  in  case  of  candidates  for  electors 
of  president  and  vice-president  of  the  United  States  one  square 
shall  suffice  for  each  group  of  such  candidates.  Above  the  last 
or  right-hand  column  of  each  ballot  there  shall  be  no  circle  or 
device,  but  there  shall  be  printed  in  such  column  in  the  regular 
order  the  title  of  each  office  to  be  voted  for;  as  "  For  Governor," 
"For  Senator,"  and  the  like,  and  beneath  each  title  there  shall 
be  left  as  many  blank  lines  as  there  are  persons  to  be  elected  to 
such  office. 

On  ballots  provided  for  elections  mentioned  in  section  one  of 
this  chapter  the  various  offices  to  be  voted  for  shall  be  arranged 
in  each  column  in  the  following  order:  First,  electors  of  presi- 
dent and  vice-president  of  the  United  States;  second,  representa- 
tive in  the  congress  of  the  United  States;  third,  governor; 
fourth,  lieutenant-governor;  fifth,  secretary  of  state;  sixth, 
attorney-general;  seventh,  general  treasurer;  eighth,  senator  in 
the  general  assembly;  ninth,  representative  or  representatives 
in  the  general  assembly.  On  ballots  provided  for  elections 
mentioned  in  sections  two  and  three  of  this  chapter  the  offices 
to  be  voted  for  shall  be  arranged  in  each  column  by  the  city  or 
town  clerk. 


ELECTION    LAWS.  65 

Whenever  a  eonstitutional  ainciKliiieut  or  other  question  is 
submitted  to  the  vote  of  the  ek^etors  of  the  state,  such  amend- 
ment or  question  shall,  if  candidates  for  office  are  to  be  voted  for 
at  the  same  time,  be  printed  ujion  the  ballot  after  or  bem^ath 
the  lists  of  candidates,  and  the  same  arrangement  shall  be 
followed  on  ballots  used  in  elections  for  officers  named  in  sec- 
tions two  and  three  of  this  chapter,  whenever  a  question  is  sub- 
mitted to  the  electors  of  a  city  or  town  at  such  elections.  The 
ballots  shall  be  so  printed  as  to  give  to  each  voter  an  opportunity 
t )  designate  by  a  cross-mark  (X)  in  a  square  his  answer  to  the 
question  submitted. 

All  ballots  provided  by  the  secretary  of  state  under  the  pro- 
visions of  this  chapter  shall  be  printed  on  plain  white  paper  of  a 
quality  approved  by  him,  and  there  shall  be  no  mark  or  impres- 
sion to  distinguish  one  ballot  from  another.  The  names  of  all 
candidates  shall  be  printed  thereon  in  uniform  type. 

Sec.  25.     Before  distribution  the  ballots  shall  be  folded  so  Ballots  to  be 

folded  and  en- 

that  no  printing  shall  appear  except  the  endorsement,  which  doused,  how. 
shall  be  printed  on  the  back  and  outside,  official  ballot  for, 
followed  by  the  designation  of  the  polling-place  for  which  the 
ballot  is  prepared,  the  date  of  the  election,  and  a  fac-simile  of 
the  signature  of  the  secretary  of  state,  city  clerk  or  town  clerk, 
respectively,  who  has  caused  the  ballots  to  be  so  printed  and 
folded. 
Sec.  26.     All  nominations  for  offices  to  be  voted  for  in  ac-  ah  nomina- 

.    .  c      1  •         1  tions  to  be  on 

cordance  with  the  provisions  of  this  chapter,  at  any  election  one  baiiot;  bai- 
mentioned  in  sections  two  and  three  thereof,  by  any  one  elector,   {^^  '^^ofen  '^"'^ 
shall  be  printed  on  one  ballot  which  shall  have  printed  on  the  ^ng'il^fshedr 
back  and  outside  the  words  city  officers,  or  town  officers, 
as  the  case  may  be:     Provided,  that  special  ballots,  containing 
the  nominations  for  members  of  the  city  council,  in  addition  to 
the  nominations  for  offices  which  can  be  voted  for  by  voters 
qualified  to  vote  by  registry  at  any  election  mentioned  in  sec- 
tion two  of  this  chapter,  shall  be  printed  for  the  use  of  such 


56 


ELECTION    LAWS. 


Ballots  to  be 
put  up  in  pacli 
ages  of  100 
each,  and  ar- 
counted  for. 


Ballots,  num- 
ber of  to  be 
furnished. 
Pub.  Laws, 
1229,  Sec,  3, 
April  21),  1905. 


Who  is  to  pro- 
vide the  bal- 
lots. 


electors  only  as  are  qualified  to  vote  for  members  of  the  cit}' 
council.  Said  special  ballots  shall  be  printed  on  paper  of  a 
different  color  from  that  of  the  other  official  ballot  or  the 
specimen-ballots,  and  shall  have  printed  on  the  back  and  out- 
side the  additional  word  council,  and  shall  be  given  by  the 
supervisors  to  such  electors  only  as  are  qualified  to  vjte  for 
members  of  the  city  council. 

Sec.  27.  All  ballots  when  printed  shall  be  folded  as  here- 
inbefore provided  and  put  up  in  packages  of  one  hundred  each. 
A  record  of  the  number  of  ballots  printed  and  furnished  to  each 
polling  place  shall  be  kept  and  preserved  by  the  secretary  of 
state,  or  the  officer  furnishing  the  same. 

Sec.  28.  There  shall  be  provided  for  each  voting-place  at 
which  an  election  is  to  be  held  not  less  than  sixty  ballots  for 
every  fifty  and  every  fraction  of  fifty  qualified  voters  therein; 
and  it  shall  be  the  duty  of  the  city  or  town  clerk  in  each  city  or 
toAvn  in  which  an  election  for  any  of  the  officers  mentioned  in 
the  first  section  of  this  chapter  is  to  be  held  to  certify  to  the 
secretary  of  state,  fourteen  days  previous  to  any  such  election, 
the  number,  as  near  as  possible,  of  voters  then  qualified  to  vote 
at  each  voting-place  of  such  city  or  town.  It  shall  be  the  duty 
of  the  secretary  of  state  to  provide  said  ballots  for  any  election 
mentioned  in  section  one  of  this  chapter;  and  it  shall  be  the  duty 
of  the  city  clerk  and  town  clerk  of  the  several  cities  and  towns  to 
provide  said  ballots  for  any  election  mentioned  in  section  two 
and  section  three  of  this  chapter,  respectively. 


Information  to  Voters. 


Instruction 
.sheets  and 
specimen  bal- 
lots, to  be  pre- 
pared for  the 
cuidance  of 
voters. 


Sec.  29.  For  any  election  mentioned  in  section  one  of  this 
chapter,  the  secretary  of  state,  and  for  any  election  mentioned 
in  section  two  and  section  three  of  this  chapter,  respectively, 
the  respective  city  clerk  and  town  clerk  of  the  several  cities 
and  towns,  shall  prepare  full  instructions  for  the  guidance  of 


ELECTION    LAWS.  57 

voters  tit  such  elections,  as  to  ol)tiuning  liallots,  as  to  tJie  manner 
of  marking  them,  and  the  method  of  gaining  assistance,  and  as 
to  obtaining  new  ballots  in  place  of  those  accidently  spoiled, 
and  he  shall  cause  the  same  to  be  printed  in  large,  clear  type, 
on  separate  sheets,  to  be  called  instruction-sheets;  he  shall 
also  cause  to  be  printed  in  the  same  manner,  sections  forty- 
eight,  forty-nine,  fifty,  and  fifty-one  of  this  chapter,  which  he 
shall  furnish  with  the  ballots  for  use  in  each  such  election.  He 
shall  also  cause  to  be  printed  on  paper  of  a  different  color  from 
that  of  the  official  ballots,  and  without  the  fac-simile  endorse- 
ments, ten  or  more  copies  of  the  form  of  the  ballot  provided 
for  each  voting-place  at  each  election  therein,  which  shall  be 
called  SPECIMEN-BALLOTS  and  shall  be  furnished  with  the  other 
ballots  provided  for  such  voting-place. 

Sec.  30.     (As  amended  by  Section  17,  Chapter  640,  Public   List  of  candi- 
Laws.)     The  secretary  of  state  shall,  four  days  at  least  pre-   otbaiiottobe 

furnished  by 

vious  to  the  day  of  any  election  of  national  or  state  officers,   secif tary  of 

•^  ''  '     state  to  city 

transmit  to  the  city  and  town  clerks  in  each  city  and  town  in   ci^H^Huid  in 

which  such  election  is  to  be  held,  printed  lists  containing  the  board  of  can- 
vassers and 
names,  residences,  and  party  or  political  appellations,  of  all   registration. 

candidates  nominated  as  herein  provided  for  such  election,  and 
to  be  voted  for  at  each  polling-place  in  each  such  city  and  town, 
respectively,  substantially  in  the  form  of  the  ballot  to  be  so  used 
therein;  and  in  case  of  any  election  of  city,  town,  ward,  or 
voting-district  officers,  the  city  clerk  or  town  clerk  shall,  four 
days  at  least  previous  to  the  day  of  such  election,  jirepare 
printed  lists  containing  the  names,  residences,  and  party  or 
political  appellations,  of  all  candidates  nominated  as  herein 
provided  for  such  elections,  and  to  be  voted  for  at  each  polling- 
place  in  such  city,  town,  representative-district,  ward,  or 
voting-district,  as  the  case  may  be,  substantially  in  the  form 
of  the  ])allot  to  be  used  therein.  And  the  city  or  town  clerk 
shall,  immediately  after  the  reception  or  preparation,  respect- 
ively, of  the  lists  mentioned  in  this  section,  cause  the  list  for 


58 


ELECTION   LAWS. 


each  city,  town,  representative-district  not  divided  into  voting- 
districts,  ward,  or  voting-district,  as  the  case  may  be,  for  such 
election,  to  be  conspicuously  posted  in  not  less  than  five  ]iublic 
places  in  the  towns  not  divided  into  representative-districts, 
and  in  not  less  than  three  public  places  in  representative-dis- 
tricts not  divided  into  voting-districts,  and  in  each  ward  and 
voting-district:  Provided,  that  in  the  city  of  Pawtucket  such 
printed  lists  shall  be  transmitted  to  and  caused  to  be  posted  by, 
the  board  of  canvassers  and  registration. 

Delivery  of  Ballots  by  Secretary  of  State. 


Ballots,  de- 
livery of,  by 
secretary  of 
state. 

Pub.  Law.s, 
1229,  Sec,  4, 
April  26,  1905. 


Ballots,  de- 
livery of,  by 
city  and  town 
clerks. 
Pub.  Laws, 
1229,  Sec.  5, 
April  26,  V305. 


Sec.  31.  The  secretary  of  state  shall  send  the  ballots  pro- 
vided by  him  for  any  election,  together  with  the  specimen- 
ballots  and  instruction-sheets  printed  by  him  as  herein  provided, 
to  the  several  city  and  town  clerks,  so  as  to  be  received  by  them 
forty-eight  hours  at  least  previous  to  the  day  of  election.  The 
same  shall  be  sent  in  a  scaled  package,  with  marks  on  the  outside 
clearly  designating  the  polling-place  for  which  the  package  is 
intended  and  the  number  of  ballots  enclosed ;  and  the  respective 
city  and  town  clerks  shall,  on  delivery  to  them  of  such  package, 
return  receipt  therefor  to  the  secretary.  The  secretary  shall 
keep  a  record  of  the  time  when,  and  the  manner  in  which,  the 
^package  is  sent,  and  shall  preserve  for  the  period  of  one  year 
the  receipt  of  the  city  and  town  clerks. 

Sec.  32.  The  city  clerk  and  town  clerk  of  the  respective 
cities  and  towns  shall  send  to  the  warden  or  moderator  of  each 
voting-place,  before  the  opening  of  the  polls  on  the  day  of  elec- 
tion, the  ballots  so  prepared,  sealed,  and  marked  for  such 
voting-place,  by  the  secretary  of  state  for  any  election  men- 
tioned in  section  one  of  this  chapter,  or  prepared,  sealed  and 
marked  for  such  voting-place  by  himself  as  such  clerk  in  like 
manner  for  any  election  mentioned  in  section  two  and  section 
three  of  this  chapter,  respectively,  and  a  receipt  of  such  delivery 


ELECTION    LAWS.  59 

shall  be  rotiirned  to  him  from  tiio  warden  or  moderator  present, 
which  receipt,  with  a  record  of  the  number  of  ballots  sent,  shall 
be  kept  in  the  clerk 's  office.  At  the  opening  of  the  polls  in  each 
voting-place  the  seals  of  the  package  shall  be  publich^  broken, 
and  the  package  shall  be  opened  by  the  warden  or  moderator, 
and  the  ballots  shall  be  delivered  to  the  supervisors  of  election 
provitled  by  law.  The  instruction-sheets  shall  be  immediately 
posted  at  or  in  each  voting-shelf  or  compartment  provided  in 
accordance  with  this  chapter  for  the  marking  of  ballots,  and  not 
less  than  three  such  sheets  and  not  less  than  five  specimen- 
ballots  shall  be  immediately  posted  in  or  about  the  polling- 
room,  outside  the  guard-rails. 

Sec.  33.     In  the  city  of  Pawtueket  the  ])oard  of  canvassers   How  in  city  of 

Pawtucket. 

and  registration  shall  furnish  the  ballots  otherwise  required  by 
law  to  be  furnished  by  the  city  clerk,  as  provided  by  sections 
thirty-five  to  forty-five  of  chapter  eight. 
Sec.  34.     In  case  the  ballots  to  be  furnished  to  any  city  or  of  loss,  theft, 

or  destruction 

to^\^l  or  voting  place  therein,  in  accordance  with  the  provisions  of  ballots. 
of  this  chapter,  shall  fail  for  any  reason  to  be  duly  delivered,  or 
in  case,  after  delivery,  they  shall  be  destroyed  or  stolen  or  lost, 
it  shall  be  the  duty  of  the  clerk  of  such  city  or  town  to  procure 
and  deliver  to  the  warden  or  moderator  requiring  the  same, 
other  ballots  substantially  in  the  form  of  the  ballots  so  wanting; 
and  upon  receipt  of  such  other  ballots  from  him,  accompanied 
by  a  statement  under  oath  that  the  same  have  been  so  prepared 
and  furnished  by  him,  and  that  the  original  ballots  have  so  failed 
to  be  received  or  have  Ijeen  so  destroyed  or  stolen  or  lost,  the 
warden  or  moderator  shall  cause  the  ballots  so  substituted  to  be 
used  in  lieu  of  the  ballots  wanting,  as  above. 

Supervisors  of  Election. 
Sec.  35.     (As  amended  by  Section  18,  Chapter  640,  Public  ekctiLMT^je 

appointed  by 

LaM's.)     At  least  ten  days  before  any  election  as  aforesaid  the  boards  of  can- 
vassers at  least 

boards  of  canvassers  in  all  cities  and  towns  shall  appoint  four  et"ct1on^  ^^^°^^ 


60  ELECTION    LAWS. 

and  may  appoint  six  supervisors  of  election  for  each  polling- 
place  in  each  town,  representative-district,  ward,  or  voting- 
district,  wherein  an  election  is  to  be  held  for  their  respective 
cities,  towns,  and  representative-districts,  who  shall  be  repub- 
licans and  democrats  in  equal  numbers,  to  be  selected  from  a 
list  of  not  less  than  six  electors  presented  to  said  board  of  can- 
vassers, respectively,  by  the  city  or  town  committee  of  the  re- 
publican and  democratic  parties,  respectively,  the  republican 
supervisors  to  l)e  selected  from  the  republican  list  and  the 
democratic  supervisors  from  the  democratic  list,  or,  in  case  any 
such  committee  shall  fail  to  submit  such  list  within  the  required 
time,  they  shall  select  such  supervisors  from  the  electors  of  the 
same  political  party  as  the  committee  so  failing  to  submit  such 
list.  Such  supervisors  shall  be  qualified  electors  in  the  town, 
representative-district,  or  voting-district  in  which  they  are 
appointed  to  serve  and  shall  severally  be  able  to  read  the  con- 
stitution of  the  state  in  the  English  language  and  to  write  their 
names.  Every  person  appointed  a  supervisor  of  election  shall, 
within  forty-eight  hours  thereafter,  be  notified  in  writing  by  the 
clerk  of  the  boards  of  canvassers  and  registration,  or  the  city 
or  town  clerk,  as  the  case  may  be,  of  such  appointment;  and  the 
person  so  appointed  shall,  within  ninety-six  hours  after  his 
appointment,  notify  in  writing  such  clerk  of  his  acceptance  or 
among"s'iiper-      declinatiou  of  the  appointment,   and  any  vacancy  occurring 

visors,  how 

filled.  among  said  supervisors  of  election,  whether  by  declination  or 

refusal  to  serve  or  by  failure  to  notify  such  clerk  as  aforesaid, 
or  by  Tailure  from  any  cause  to  appear  at  or  to  remain  during  the 
time  when  they  are  required  to  perform  their  duties,  shall,  in 
cities  wherein  boards  of  canvassers  and  registration  are  estab- 
lished, be  immediately  filled  by  such  boards,  respectively,  or  by 
the  presiding  officer  thereof,  if  said  board  shall  not  be  in  session, 
and  in  other  cities  by  the  mayor  of  the  city,  and  in  towns  by  the 
presidents  of  the  town  councils,  respectively,  from  the  lists 
before  mentioned,  by  the  substitution  of  a  person  of  the  same 


ELECTION   LAWS.  Gl 

political  party  as  was  the  supervisor  first  appointed.  Each  of 
said  supervisors  shall  be  sworn  to  the  faithful  discharge  of  his 
duties  before  entering  ui)on  tlu^  jierforniance  of  the  same. 

Sec.  36.     (As  amended  by  Section  19,  Chapter  640,  Public   hJ^^rSVof 
Laws.)     The  sujiervisors  appointed  in  each  town,  represtnita-   ,iu,,'i'i<'Vt'('"iist,  of 

voters  in  poll- 

tive-district,  ward,  or  voting-district,  shall  have  charge  of  the  ing pUue. 
ballots  therein  received  as  hereinbefore  provided,  and  shall 
receipt  for  the  same  to  the  moderator  or  warden,  respectively, 
and  shall  furnish  them  to  the  voters  in  the  manner  hereinafter 
set  forth.  A  duplicate  list  of  the  qualified  voters  in  each  town, 
representative-district  or  voting-district  shall  be  prepared  for 
the  use  of  the  supervisors,  antl  all  the  provisions  of  law  relating 
to  the  preparation  and  furnishing  of  said  voting-lists  shall 
apply  to  the  duplicate  lists.  Two  of  said  supervisors,  one  a 
democrat  and  the  other  a  republican,  shall  be  detailed  by  the 
moderator  to  act  as  ballot  clerks.  The  two  supervisors,  de- 
tailed as  above,  shall  have  immediate  charge  of  the  duplicate 
list  and  the  ballots  and  shall  furnish  them  to  the  voters  in  the 
manner  hereinafter  set  forth. 

Sec.  37.     (As  amended  by  Section  20,  Chapter  640,  Public  General  duties 

of  supervisors. 

Laws.)  It  shall  be  the  duty  of  supervisors  of  election  to  be  pres- 
ent at  the  opening  and  the  closing  of  the  polls  at  said  election  at 
the  i)olling-place  in  the  town,  representative-district,  or  voting 
district  for  which  they  shall  be  respectively  appointed,  and  dur- 
ing the  time  the  same  shall  be  kept  open,  and  they  shall  person- 
ally supervise  the  opening  of  the  ballot-boxes  and  the  sorting, 
counting,  certifying,  sealing  up,  and  returning  of  the  ballots 
cast  in  said  town  representative-district,  ward,  or  voting- 
district;  and  they  shall  make  returns  by  joint  or  separate  report, 
in  national,  state  and  city  elections  to  the  returning-board  or 
boards  to  whom  said  ballots  are  by  law  required  to  be  returned, 
and  in  town  elections  to  the  town  councils,  setting  forth  that 
they  have  performed  the  several  duties  herein  required  of  them, 
and  may  make  a  statement  of  such  other  facts  relating  to  the 


62 


ELECTION    LAWS. 


Compensation 
of  supervisors. 


One  set  of 
supervisors  to 
act  in  all  elec- 
tions on  same 
day. 


Person   cannot 
be  a  candidate 
and  supervisor 
at  same  elec- 
tion. 


premises  as  they  may  deem  proper  to  bring  to  the  attention  of 
said  returning-board  and  towTi  council,  respectively.  At  the 
close  of  the  polls  at  every  election,  the  ballot-boxes  used  therein 
shall  be  opened  and  the  ballots  therein  contained  shall  be  sorted, 
counted,  sealed  up,  and  returned  by  the  moderators  and  clerks, 
under  the  personal  supervision  and  scrutiny  of  said  supervisors 
of  election.  But  nothing  in  this  section  contained  shall  be  so 
construed  as  to  relieve  the  moderators  or  clerks  of  town,  repre- 
sentative-districts, or  voting-districts  from  any  of  the  duties 
or  liabihties  by  law  required  or  imposed  upon  them  as  such 
officers. 

Sec.  38.  (As  amended  by  Section  21,  Chapter  640,  Public 
Laws.)  The  supervisors  of  election  in  the  city  of  Providence 
shall  severally  receive  from  said  city  ten  dollars  for  every  elec- 
tion, and,  in  all  other  cities  and  towns,  shall  receive  such  com- 
pensation for  their  services  as  may  be,  from  time  to  time,  fixed 
by  the  board  of  aldermen,  the  town  council,  or  the  city  council 
of  the  city  of  Cranston,  respectively. 

Sec.  39.  Whenever  any  of  the  elections  provided  for  by 
sections  two  or  three  of  this  chapter  sahll  occur  on  the  same  day 
as  an  election  for  national  or  state  officers,  in  any  city  or  town, 
the  supervisors  appointed  hereunder  shall  be  the  supervisors 
for  all  of  such  elections. 

Sec.  40.  (As  amended  by  Section  22,  Chapter  640,  Public 
Laws.)  No  candidate  for  any  office  to  be  filled  at  any  election 
shall  be  appointed  at  such  election  as  a  supervisor  under  the 
provisions  of  this  chapter. 


Voting-Shelves  or  Compartments. 


Voting-places 
to  be  equiijpetl 
in  what  man- 
ner. 


Sec.  41.  The  city  and  town  councils  in  each  city  and  town 
shall  cause  each  voting-jilace  therein  to  be  suitably  provided 
with  a  sufficient  number  of  voting-shelves  or  compartments, 
not  less  than  one  for  each  one  hundred  voters  and  in  no  case 


I 


ELECTION   LAWS.  63 

loss  than  three,  at  or  in  whieh  v()t(^rs  may  convoniently  mark 
tlu'ir  l)allots,  so  tliat  in  the  marking  thereof  tliey  may  be 
screened  from  the  ol)servation  of  others;  and  a  guard-rail  with 
only  one  j-lace  for  entrance  and  another  place  for  exit,  shall  be 
so  constructed  and  placed  that  only  such  persons  as  are  inside 
said  rail  can  approach  within  ten  feet  of  the  ballot-boxes,  and  of 
such  voting-shelves  or  compartments.  The  arrangements  shall 
be  such  that  neither  the  ballot-ljoxes  nor  the  voting-shelves  or 
compartments  shall  be  hidden  from  view  of  those  just  outsitle 
the  said  guard-rail.  No  person  other  than  the  warden  or 
moderator,  as  the  case  may  be,  clerks,  supervisors,  and  voters 
admitted  as  hereinafter  provided,  shall  be  permitted  within  said 
rail  exce])t  b}^  authority  of  the  said  warden  or  moderator  for 
the  purpose  of  keeping  order  and  enforcing  the  laAV.  Each 
voting-shelf  or  compartment  shall  be  kept  provided,  by  the  city, 
toAvn,  ward,  and  district  clerks,  with  proper  pencils  for  marking 
the  ballots,  which  pencils  shall  he  by  the  supervisors  kept  in  con- 
dition for  use;  but  all  pencils  furnished  for  said  purpose  in  any 
election  shall,  in  each  voting-district,  be  such  as  will  mark  a 
uniform  color,  and  in  marking  his  ballot  no  voter  shall  use  a 
pencil  marking  a  different  color. 

Manner  of  Voting. 
Sec.  42     Any  person  desiring  to  vote  shall  give  his  name,   Ballot  is  to  be 

.  obtained   from 

and,  if  requested  so  to  do,  his  residence,  to  one  of  the  supervisors,  supervisor. 
who  shall  thereupon  announce  the  same  in  a  loud  and  distinct 
tone  of  voice,  clear  and  audible,  and  if  such  name  is  found  upon 
the  voting-list  the  supervisor  in  charge  of  the  voting-list  shall 
repeat  the  said  name  in  the  same  manner,  and  the  voter  shall 
be  allowed  to  enter  the  space  enclosed  by  the  guard-rail  as  above 
provided.  The  supervisor  shall  give  him  one,  and  only  one, 
ballot  of  each  kind  that  he  is  entitled  to  vote,  and  his  name 
shall  be  immediately  checked  on  the  supervisor's  list.     Besides 


64  ELECTION    LAWS. 

the  election-officers,  not  more  than  four  voters  in  excess  of  the 
number  of  voting-shelves  or  compartments  provided  shall  be 
allowed  in  said  enclosed  space  at  one  time.  No  supervisor  shall 
put  any  mark  upon  any  ballot,  except  as  provided  in  section 
forty-five  of  this  chapter.  No  supervisor,  except  as  provided  in 
section  forty-five  of  this  chapter,  and  no  other  person,  when 
within  said  enclosed  space,  shall  witness,  or  attempt  to  witness, 
the  marking  by  any  voter  of  his  ballot. 
ballot  by  voter,       Sec.  43.     Ou  rcccipt  of  his  ballot  from  the  proper  election- 

aiul  manner  of 

marking  same,     officcr,  the  votcr  shall  forthwith,  and  without  leaving  the  en- 

Pub.  Laws, 

1229  Sec.  6,        closcd  spacc,  retire  alone  to  one  of  the  voting-shelves  or  com- 

Apnl  26.  1905.  ^  '  ° 

18  R  i' 822'  partments  so  provided,  and  shall  prepare  his  ballot  as  follows: 
If  he  desires  to  vote  for  all  the  candidates  of  one  political  party 
he  shall  place  a  cross  (X)  within  the  circle  above  the  name  or 
designation  of  that  party.  In  case  he  desires  to  vote  for  a  can- 
didate whose  name  is  not  printed  under  the  circle  in  which  he 
has  marked,  he  shall  cancel  the  name  of  the  candidate  in  such  col- 
umn for  whom  he  refuses  to  vote,  by  drawing  a  line  through  such 
name,  and  shall  vote  for  the  candidate  of  his  choice  by  marking 
a  cross  (X)  in  the  square  opposite  the  name  of  the  cantlidate  of 
his  choice,  or  by  writing  in  the  right-hand  column  prepared  for 
that  purpose,  under  the  proper  title  of  the  office,  the  name  of  the 
person  for  whom  he  desires  to  vote.  In  such  case  the  vote  shall 
be  counted  for  the  candidate  against  whose  name  a  cross  has 
been  so  marked,  or  whose  name  has  been  so  inserted  in  the 
right-hand  column,  and  such  ballot  shall  not  be  counted  for 
the  candidate  for  the  sam.e  office  whose  name  is  cancelled... 
When  a  voter  has  placed  a  cross  (X)  in  any  one  circle,  and  has 
not  made  any  mark  in  any  other  circle,  such  cross  (X)  shall  be 
counted  as  a  vote  for  each  of  the  candidates  in  the  column 
above  which  it  is  placed,  except  for  those  candidates  whose 
names  have  been  cancelled. 

A  cross  in  the  square  opposite  the  names  of  candidates  for 
electors  of  president  and  vice-president  shall  be  counted  as  a 


ELECTION    LAWS.  65 

vote  for  eiu'li.  Tho  voter  may  omit  to  mark  in  any  circlo,  and 
may  vote  for  the  eandidates  of  his  choice  by  making  a  cross  (X) 
in  tlie  square  o])positc  their  names,  or  he  may  insert  the  names 
of  persons  for  whom  he  desires  to  vote,  in  the  blank  or  right- 
hand  colinnn,  under  the  pr()])er  title  of  office,  and  sucli  votes 
shall  be  counted.  If  a  voter  desires  to  vote  upon  a  question 
submitted  to  the  vote  of  the  electors  of  the  state  or  of  any  city 
or  town,  he  shall  mark  in  the  appropriate  square  a  cross  (X) 
against  the  answer  which  he  desires  to  give  in  addition  to  the 
cross  made  in  any  circle  or  square  at  the  right  of  any  candidate's 
name.  AVhere  a  voter  makes  a  cross  (X)  within  the  circle  at  the 
top  of  any  column  and  also  cancels  a  name  in  the  column  under 
such  marked  circle,  but  does  not  mark  a  cross  (X)  within  the 
voting-square  at  the  right  of  any  name  of  a  candidate  for  the 
same  office  in  any  other  column,  and  fails  to  write  in  a  name  in 
the  right-hand  column  in  the  space  provided  for  a  name  to  be 
written  in  for  such  office,  said  ballot  shall  be  considered  blank 
for  such  office. 

Before  leaving  the  voting-shelf  or  compartment,  the  voter  siiall 
fold  his  ballot,  without  displaying  the  marks  thereon,  in  the  same 
way  it  was  folded  when  received  by  him,  and  he  shall  keep  the 
same  so  folded  until  he  has  voted.  He  shall  vote  in  the  manner 
provided  by  law  before  leaving  the  enclosed  space,  and  shall 
deposit  in  the  Ijallot-box  his  ballot  with  the  official  endorse- 
ment so  that  it  may  be  seen  by  the  warden  or  moderator,  and  the 
clerk  shall  check  his  name  on  the  voting-list.  He  shall  mark 
and  deposit  his  ballot  without  undue  delay,  and  shall  quit  said 
enclosed  space  as  soon  as  he  has  voted.  Not  more  than  one 
person  shall  be  permitted  to  occupy  any  voting-shelf  or  com- 
partment at  the  same  time,  and  no  person  shall  remain  in,  or 
occupy,  a  voting-shelf  or  compartment  longer  than  maj^  be 
necessary  to  prepare  his  ballot,  and  in  no  case  longer  than  five 
minutes.  No  voter,  not  an  election  officer,  whose  name  has 
been  checked  on  the  list  of  the  supervisors  shall  be  allowed  to 


66 


ELECTION    LAWS. 


Ballot?  not 
voted  to  be  re- 
turned to  super- 
visor. 


Voter  unable  to 
mark  his  ballot, 
may  be  as- 
sisted. 


Counting  of 

ballots. 

17  R.  I.  825. 

24  R.  L  269. 

25  R.  I.  521. 
Pub.  Laws, 
1229,  Sec.  7, 
April  26,  1905. 


re-enter  said  enclosed  space  during  said  election.  It  shall  be 
the  duty  of  the  warden  or  moderator  to  secure  the  observance 
of  the  provisions  of  this  section. 

Sec.  44.  Every  person  who  does  not  vote  a  l^allot  delivered 
to  him  by  a  supervisor  of  election  shall,  before  leaving  the 
enclosed  space,  return  such  ballot  to  the  supervisor,  and  no 
person  shall  take  or  remove  any  ballot  from  the  polling-place 
before  the  close  of  the  polls.  It  shall  be  the  duty  of  the  warden 
or  moderator,  and  of  the  supervisor  or  officer  having  charge  of 
the  exit,  to  prevent  any  voter  from  leaving  the  enclosed  space 
until  such  voter  has  deposited  his  ballot  or  ballots,  or  has 
returned  his  unusetl  ballot  or  ballots,  as  herein  provided.  If 
any  voter  inadvertently  spoils  a  ballot,  he  may  obtain  another 
upon  r(>turning  the  spoiled  one  and  satisfying  the  officer  of  the 
fact  of  the  inadvertence.  The  ballots  thus  returned  shall  be 
im.ir.ediately  cancelled,  and,  together  with  those  not  distributed 
to  the  voters,  shall  be  preserved  and,  with  the  voting-list  used 
by  the  supervisors,  which  shall  be  certified  by  them  to  be  such, 
shall  be  securely  wrapped,  sealed,  and  delivered  to  the  several 
city  and  town  clerks  by  the  supervisors.     - 

Sec.  45.  Any  voter  who  declares  to  the  warden  or  moder- 
ator that  he  cannot  read  the  ballot,  or  that  by  blindness  or  other 
physical  disability  he  is  unable  to  n:ark  his  ballot,  shall,  at  the 
request  of  the  warden  or  moderator,  receive  the  assistance  of  two 
of  the  supervisors,  one  a  democrat  and  the  other  a  republican, 
in  the  marking  thereof,  and  such  supervisors  shall  thereafter 
give  no  information  regarding  the  same.  The  warden  or  moder- 
ator may,  in  his  discretion,  require  such  declaration  of  disa- 
bility to  be  made  by  the  voter  under  oath  before  him,  and  he  is 
hereby  authorized  and  qualified  to  administer  the  same. 

Sec.  46.  If  for  any  reason  it  is  impossible  to  determine  the 
voter's  choice  for  any  office  to  be  filled,  his  ballot  shall  not  be 
counted  for  such  office,  but  it  shall  be  counted  for  all  offices 
properly  marked.     No  ballot  shall  be  rejected  for  any  technical 


ELECTION    LAWS.  67 

error  which  does  not  make  it  impossible  to  determine  the  voter's 
choice,  but  no  voter  shall  i)lace  any  mark  u])on  his  ballot  by 
which  it  may  be  afterwards  identified  as  the  one  voted  by  him. 
One  line  crossing  another  at  any  angle  within  the  circle  or  an}'  of  defective 

ballots. 

voting-square,  or  at  the  riglit  of  any  name,  shall  be  deemed  a 
valitl  voting-mark.  To  cancel  a  name  within  the  meaning  of 
this  chapter  the  voter  shall  draw  a  pencil  mark  through  the 
full  name.  A  cross  (X)  marked  in  a  voting-square  at  the  right 
of  any  name  in  a  cohmni  above  which  the  circle  is  marked  shall 
be  treated  as  surplusage,  and  the  ballot  shall  not  be  deemed 
invalidated.  No  ballot  without  the  official  endorsement  shall, 
except  as  herein  otherwise  provided,  be  allowed  to  be  deposited 
in  the  ballot-box,  and  none  l)ut  ballots  provided  in  accordance 
with  the  provisions  of  this  chapter  shall  be  counted.  Ballots 
not  counted  shall  be  marked  "Defective"  on  the  back  thereof, 
and  shall  be  preserved  and  returned  with  the  other  ballots: 
Provided,  that  in  case  no  ballots  are  provided  at  any  voting- 
place  in  accordance  with  the  foregoing  provisions  of  this  chapter, 
or  in  case  no  such  ballots  are  at  the  polls  and  ready  for  the  use 
of  voters,  the  voters  at  such  voting-place  may  use  any  ballot 
and  provide  themselves  therewith. 

Sec.  47.     In  all  towns  having  less  than  five  hundred  elec-   poiis  to  be  kept 

r  open,  how  long. 

tors,  the  polls  shall  be  kept  open  tor  at  least  three  hours;  and   No  other  busi- 
ness to  be 
in  town's  having  more  than  five  hundred  electors,  the  polls  shall   transacted. 

This  section. 

be  kept  open  for  at  least  five  hours ;  and  no  other  business  shall  app'ies  to  town 

^        ^  '  elections  only. 

be  transacted  while  the  polls  are  open.  This  section  applies 
only  to  elections  mentioned  in  section  three  of  this  chapter. 

Penalties. 
Sec.  48.     A  voter  who  shall,   except  as   herein  otherwise  Penalty  for 

violations  of 

provided,  allow  his  ballot  to  be  seen  by  any  person  with  an   this  chapter 
apparent  intention  of  letting  it  be  known  how  he  is  about  to   fh^'iiaUou"  ^^ 
vote,  or  who  shall  make  any  mark  upon  his  ballot  by  which  the 


68 


ELECTION    LAWS. 


Offenders  to  be 
prosecuted. 
Penalty  for 
violations  of 
this  chapter, 


with  regard  to 
the  election 
generally. 
Penalty  for 
fraudulent  in- 
terference with 
election  papers, 
ballots,  etc. 
Pub.  Laws, 
1229,  See.  8, 
April  20,  190.'). 


same  may  be  identified  as  the  one  voted  by  him,  or  who  shall 
make  a  false  statement  as  to  his  inability  to  mark  his  ballot, 
or  any  person  who  shall  interfere  or  attempt  to  interfere  with 
any  voter  when  inside  said  enclosed  space  or  when  marking  his 
ballot,  or  who  shall  endeavor  to  induce  any  voter  before  voting 
to  show  how  he  marks  or  has  marked  his  ballot,  shall  be  pun- 
ished by  a  fine  of  not  less  than  five  nor  more  than  one  hundred 
dollars;  and  election-officers  shall  report  any  person  so  doing  to 
any  police  officer  on  duty  at  the  polls,  whose  duty  it  shall  be 
to  see  that  the  offender  is  duly  brought  before  the  proper  court. 

Sec.  49.  Any  person  who  shall  be  found  in  possession  of  any 
official  ballot  previous  to  or  during  an  election,  except  as  pro- 
vided in  this  chapter,  or  who  shall,  previous  to  an  election,  will- 
fully deface  or  destroy  any  list  of  candidates  posted  in  accordance 
Avith  the  provisions  of  this  chapter,  or  who,  not  having  voted  a 
ballot  delivered  to  him  by  a  supervisor  of  election,  shall  neglect 
or  refuse  to  return  such  ballot  to  the  supervisor  before  leaving 
said  enclosed  space,  or  who  takes  or  removes,  or  attempts  to 
take  or  remove,  any  ballot  from  the  polling-place  before  the 
closing  of  the  polls,  or  who,  during  an  election,  shall  willfully 
deface,  tear  down,  remove,  destroy,  or  mark,  any  instruction- 
sheet  or  specimen-ballot  printed  or  posted  for  the  instruction  of 
voters,  or  who  shall,  during  an  election,  willfully  remove  or 
destroy  any  of  the  supplies  or  conveniences  furnished  to  enable 
a  voter  to  prepare  his  ballot,  or  shall  willfully  hinder  the  voting 
of  others,  shall  be  punished  by  a  fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars,  or  by  imprisonment  for  not 
more  than  three  months,  or  by  both  such  fine  and  imprison- 
ment. 

Sec.  50.  Any  person  who  shall  falsely  make,  or  willfully 
deface  or  destroy,  any  certificate  of  nomination  or  nomination- 
liaper,  or  any  part  thereof,  or  any  letter  of  withdrawal,  or  file 
any  certificate  of  nomination  or  nomination-paper  or  letter  of 
withdrawal,  knowing  the  same  or  any  part  thereof  to  be  falsely 


ELECTION    LAWS.  -  69 

made,  or  suppress  any  certificate  of  nomination  or  nomination- 
paper  or  letter  of  withdrawal,  or  any  part  thereof,  which  has 
been  duly  filed,  or  forge  or  falsely  make  the  official  endorsement 
on  any  ballot,  or  willfully  destroy  or  deface  any  ballot,  or  willfully 
delay  the  delivery  of  anj  ballots,  and  any  person  or  persons  who 
shall  print,  stamp,  or  affix,  or  cause  to  be  printed,  stamped  or 
affixed,  upon  any  letter-head,  circular,  or  pamphlet  used  for 
political  purposes,  or  upon  political  literature  of  any  nature,  a 
representation  of  the  chosen  emblem  or  device  of  any  political 
party  in  this  state  without  the  consent  in  WTiting  first  had  and 
obtained  of  the  chairman  of  the  state  central  conmiittee  of  the 
political  party  whose  chosen  emblem  or  device  is  sought  to  be 
used  for  such  purposes,  shall  be  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  for  not  more  than 
one  year,  or  by  both  such  fine  and  imprisonment. 

Sec.  51.     Any  public  officer  upon  whom  a  duty  is  imposed  by   Penalty  for  the 

^  non-perform- 

this  chapter,  who  shall  willfully  neglect  to  perform  such  duty,  or   j^m/e  of  official 
who  shall  perform  it  in  such  a  way  as  to  hinder  the  objects  of 
this  chapter,  shall  be  punished  by  a  fine  of  not  less  than  fifty 
nor  more  than  one  thousand  dollars,  or  by  imprisonment  for 
not  more  than  one  year,  or  by  both  such  fine  and  imprisonment. 

Adjourned  or  Secondary  Elections. 

Sec.  52.     The  provisions  of  this  chapter  shall  apply  in  case  of   B'^Hots  for 
an  adjourned  or  second  or  other  subsequent  election  in  any  city  iVywhom,'^''''*^ 
or  to^\^l,  for  anv  officer  whose  election  is  provided  for  in  and  by    1229,  Sec^b, 

April  20,  1905. 

this  chapter.  In  the  case  of  such  elections  for  officers  mentioned 
in  section  one  of  this  chapter  it  shall  be  the  duty  of  the  secretary 
of  state  to  procure  and  furnish  ballots  in  the  form  of  the  ballots 
provided  for  in  this  chapter,  with  the  names  of  the  candidates  to 
be  voted  for  arranged  thereon  according  to  the  provisions  of  this 
chapter.  In  the  case  of  such  elections  for  officers  mentioned  in 
sections  two  and  three  of  this  chapter  it  shall  be  the  duty  of  the 
clerk  of  such  city  or  town  to  procure  and  furnish  such  ballots. 


70 


ELECTION    LAWS. 


Ballots  for 
secondary  elec- 
tions to  be 
folded,  and  put 
up  in  packages. 


To  be  provided, 
in  what  num- 
ber. 

Pub.  I^aws, 
1229,  Sec.   10, 
April   26,    1905. 

Supervisors   of 
primary  elec- 
tions to  act  at 
secondary    elec- 
tions. 


Sec.  53.  The  ballots  when  printed  for  such  adjourned  or 
subsequent  election  shall  be  folded  as  is  provided  in  this  chapter, 
and  shall  be  put  up  in  packages  of  one  hundred  each.  A  record 
of  the  number  of  ballots  printed,  and  furnished  to  each  voting- 
place  shall  be  kept  and  preserved  by  such  city  or  town  clerk. 

Sec.  54.  There  shall  be  provided  for  each  voting-place  at 
which  an  election  is  to  be  held,  not  less  than  sixty  ballots  for 
every  fifty  and  every  fraction  of  fifty  qualified  voters  therein. 

Sec.  55.  The  same  supervisors  of  election  who  acted  at  the 
first  election  shall  act  at  such  second  or  adjourned  or  other  sub- 
sequent election,  and  shall  have  and  exercise  the  same  powers 
and  duties  at  such  second  or  adjourned  or  other  subsequent 
election  as  are  prescribed  in  this  chapter  for  them  to  have  and 
exercise  at  said  first  election;  and  upon  the  receipt  of  such 
ballots  the  warden  or  moderator  shall  cause  said  ballots  to  be 
used  at  such  election,  and  the  supervisors  shall  perform  the 
same  duties  as  in  the  first  election. 


Acceptance  by  Towns  for  Town  Elections. 


This  chapter 
applies  to  town 
elections,  in 
what  towns. 


Towns   may 
vote  to  adopt 
the    provisions 
of  this  chapter 
for  town  elec- 
tions. 

Pub.  Laws, 
808,  Jan.  23, 
1901. 


Sec.  56.  The  provisions  of  this  chapter  shall  also  apply  to  all 
elections  by  the  people  hereafter  held  in  the  towns  of  Cumber- 
land and  East  Providence,  and  in  every  town  which  has  accepted 
and  adopted  the  provisions  of  chapter  nine  hundred  twenty 
of  the  public  laws,  passed  at  the  January  session  in  the  year 
eighteen  hundred  ninety-one,  and  of  the  general  laws  in 
effect  February  one,  eighteen  hundred  ninety-six. 

Sec.  57.  If  at  least  one-tenth  in  number  of  the  qualified 
electors  in  any  town,  not  including  cities,  shall,  twenty  days 
previous  to  any  general  election  of  state  officers  on  the  Tuesday 
next  after  the  first  Monday  in  November  of  any  year,  file  with 
the  town  clerk  of  such  town  a  petition  that  the  electors  may  at 
such  general  election  cast  their  ballots  for  or  against  accei)ting 
the  provisions  of  this  chapter  so  far  as  the  same  apply  to  the 


ELECTION    LAWS.  71 

elections  nientioned  in  ^^ection  three  of  this  chapter  such  town 
clerk  shall  give  notice  of  the  same  in  his  warrant  calling  the 
town  or  district  meetings  and  shall  at  least  eighteen  days  ])rc- 
vious  to  the  day  of  such  election  file  with  the  secretary  of  state  a 
certificate  that  the  question  "Shall  the  town  accept  the  secret 
ballot  law  for  towns?"  is  to  be  submitted  to  the  vote  of  the 
electors  in  said  town.  If  a  majority  of  the  ballots  so  cast  shall 
be  in  favor  of  accepting  the  provisions  of  this  chapter  so  far  as 
the  same  apply  as  aforesaid,  then  the  said  provisions  of  this 
chapter  shall  ])e  in  effect  in  such  town;  l)ut  if  a  majority  of  the 
ballots  so  cast  shall  be  against  accepting  the  provisions  of  this 
cha]>ter,  tluni  the  said  provisions  of  this  chapter  shall  not  take 
effect  in  said  town. 

Sec.  58.     Electors  of  this  state  who,  in  time  of  war,   are  Eionors  of  this 
absent  from  the  state  in  the  actual  military  service  of  the  United   thorefrom!"in 

■  .  _  time  of  war, 

States,  being  otherwise  qualified,  shall  have  a  right  to  vote  in  all  being  in  n.iii- 

tary  servu'C  of 

elections  in  the  state  for  electors  of  president  and  vice-president  may'^vote  ^foT' 
of  the  United  States,  representatives  in  congress  and  general  pJb^'i'aws/^'^^ 
officers  of  the  state,  in  the  following  manner:  every  such  absent   isos.  ""'^ 
elector  on  the  day  of  any  such  election  may  deliver  a  written  or  dofnf^'^'^  " 
printed  ballot  with  the  names  of  the  persons  voted  for  thereon, 
and  his  full  christian  and  surname,  and  his  voting  residence  in 
the  state  by  street  and  number,  written  at  length  on  the  back 
thereof,  to  the  officer  commanding  the  regiment  or  company 
to  which  he  belongs;  and  all  such  ballots,  certified  by  such 
comn.anding  officer  to  have  been  given  by  the  electors  whose 
names  are  written  thereon,  shall  be  by  such  commanding  officer 
forthwith  sealed  up,  projx'rly  endorsed,  and  returned  to  the 
secretary  of  state,  to  be  by  him  safely  kept  and  delivered  to  the 
returning-board  having  jurisdiction  to  determine  the  result  of 
said  election. 

Sec.  59.     Upon  completion  of  the  final  canvass  for  any  such  P"<ii;«'>f 

•'^  board  of  ean- 

election,  the  clerks  of  the  several  boards  of  canvassers  through-  ^"*'*^'^'"^- 
out  the  state,  in  time  of  war,  shall  forthwith  certify,  seal  up  and 


72 


ELECTION    LAWS. 


Duties  t)f  le- 
turning-boards. 


Secretary  of 
state  to  send 
certified  copies 
of  Sections  58 
to  61,  inclusive, 
to  certain  com- 
missioned 
officers  in  ser- 
vice   of    United 
States,  town 
clerks,  etc. 


Instructions, 
forms,  etc.,  to 
be  sent  to  said 
commissioned 
officers. 


transmit  a  certified  copy  of  the  voting-lists  so  canvassed  to  the 
secretary  of  state,  to  be  by  him  kept  and  dehvered  to  the  proper 
returning-board. 

Sec.  60.  Said  returning-boards  respectively  within  the  time 
prescribed  by  law  for  counting  the  ballots  cast  in  such  elections, 
upon  receipt  of  the  ballots  and  certified  copies  of  the  voting-lists 
aforesaid,  shall  compare  the  names  and  residences  of  the  electors 
endorsed  upon  the  backs  of  said  ballots  with  the  names  and 
residences  of  the  electors  contained  in  the  voting-lists  aforesaid 
from  the  voting-district,  ward  or  town  in  which  the  elector 
purports  to  be  qualified,  checking  in  such  voting-lists  the  names 
of  such  electors  as  shall  appear  upon  said  ballots,  and  shall  count 
such  ballots  with  the  same  effect  as  if  such  ballots  had  been  given 
by  said  electors  in  open  town,  ward  or  district  meetings  at  any 
such  election  within  this  state:  Provided,  however,  that  said 
boards  shall  not  count  any  such  ballot  cast  by  any  person  whose 
name  does  not  appear  upon  said  lists,  nor  any  ballots  not 
received  by  said  boards  within  the  time  prescribed  by  law  for 
counting  the  ballots  cast  in  any  such  election. 

Sec.  61.  At  least  sixty  days  before  any  such  election  whose 
date  is  fixed  by  law,  and  forthwith  upon  the  ordering  of  any 
special  election  of  representatives  in  congress,  the  secretary  of 
state,  in  time  of  war,  shall  send  to  the  several  city  and  town 
clerks,  except  to  the  city  clerk  of  Providence,  and  to  the  clerks 
of  the  board  of  canvassers  and  registration  of  the  cities  of  Provi- 
dence and  Pawtucket  a  certified  copy  of  sections  fifty-eight 
to  sixty-one,  inclusive,  of  this  chapter,  and  shall  send  to  each  com- 
missioned officer  of  every  company  enlisted  in  this  state  in  the 
military  service  of  the  United  States  such  certified  copy,  together 
with  a  form  of  the  requirements  to  be  signed  by  said  electors 
on  the  Imck  of  said  ballots,  and  a  form  of  certificate  and  endorse- 
ment on  the  package'  containing  the  same  to  be  signed  by  such 
commanding  officer  as  aforesaid,  and  such  other  instructions 
as  he  may  think  proper. 


ELECTION    LAWS.  73 


CHAPTER  12. 

Of  the  Holding  of  Caucuses  in  the  Cities  of  Providence,   Pub.  Laws,  cii. 

TVT  -r^  I'^'^'S,  Dec.  12, 

JNEWPORT,    and    PaWTUCKET.  19"2. 

'  27  11.  I.  35G. 

Section  1.     (As    amended    by    Section   23,    Chapter    G40,   Houiinfr  of  cau- 

T»    1  1-        T  \        T        j_i  •    •  !•    T~«  •  1  discs  in  Piovi- 

Public  Laws.)     In  the  cities  of  Providence,  Newport,  Paw-  f'''"^"-  New- 
port, Paw- 
tucket,  and  Central  Falls,  the  caucuses  of  all  political  parties  cemraiFLlis. 

shall  be  held  in  accordance  with  the  provisions  of  this  chapter, 
and  such  provisions  shall  apply  only  in  said  cities.  For  the 
l)uri)oses  of  this  chapter,  a  political  party  is  hereby  defined  to  be 
one  which  at  the  next  preceding  annual  election  of  state  officers 
cast  for  its  candidate  for  governor  at  least  two  per  centum  of 
all  the  votes  cast  in  the  state  for  that  office.  Caucus  and  con- 
vention nominations  shall  be  made  only  by  political  parties. 

Sec.  2.     (As  amended  by  Section  24,  Chapter  640,  Public   mmuA  of 

clocling  ward 

Laws.)     The  qualified  electors  of  each  political  party  in  each  and  city  com- 

^  X  J.  .;  mittees,  powers 

ward  of  said  cities  shall  annually,  at  the  caucus  held  in  each  thereof*''^'' 
ward  of  said  cities  to  elect  delegates  to  a  convention  to  nominate 
the  mayor  and  other  city  officers,  elect  a  ward  committee  for 
each  ward  of  said  cities :  Provided,  that  in  the  city  of  Newport 
such  ward  committee  shall  be  annually  elected  at  a  caucus  held 
in  each  ward  thereof  after  the  second  Thursday  next  after  the 
first  Monday  in  September. 

The  members  of  the  several  ward  committees  of  each  city  of 
tlie  same  political  party  shall  constitute  the  city  committee  of 
such  political  party  for  that  city.  Each  city  committee  shall 
within  ten  clays  after  its  organization  file  with  the  secretary  of 
state  a  list  of  its  officers  and  members.  In  Newport  and 
Central  Falls  such  list  shall  also  be  filed  with  the  city  clerk,  and 
in  the  cities  of  Providence  and  Pawtucket,  with  the  boards  of 
canvassers  and  registration. 

The  general  management  of  the  affairs  of  each  political  party 
in  each  city  shall  be  vested  in  its  city  committee,  subject  to  the 


74  ELECTION    LAWS. 

rules  and  regulations  which  the  state  committee  of  such  political 
party  shall  make.  Any  vacancy  occurring  in  any  of  the  offices 
of  a  city  committee  shall  be  filled  by  such  committee,  and  any 
vacancy  occurring  in  the  membership  of  a  ward  committee  shall 
be  filled  by  the  remaining  members  of  such  ward  committee. 
A  statement  of  such  action  of  any  committee  shall  be  filed  as  in 
the  case  of  officers  and  members  first  chosen.  Ward  and  city 
committees  shall  hold  office,  respectively,  from  the  date  of  their 
election  until  the  next  annual  election  of  such  conmiittees  and 
thereafter  until  their  successors  shall  have  organized.  City 
committees  may  make  regulations,  not  inconsistent  with  law, 
to  determine  membership  in  the  party  so  far  as  the  right  is 
concerned  to  participate  in  the  caucuses  of  which  they  have 
the  management  and  control,  and  to  restrain  those  not  entitled 
to  vote  at  caucuses  called  by  them  from  taking  part  therein,  and 
such  regulations  shall  be  furnished  to  and  shall  govern  the 
officers  by  this  chapter  charged  with  the  duty  of  preparing  cau- 
cus voting-lists  in  the  preparation  of  such  lists,  so  far  as  they 
are  not  inconsistent  with  this  chapter.  Each  ward  committee 
shall  attend  the  caucuses  of  the  party  to  which  it  belongs,  held 
in  the  ward  from  which  it  was  elected,  to  perform  the  duties 
herein  imposed  upon  it. 
cuses°how"to  Sec.  3.     (As  amended  by  Section  25,  Chapter  640,  Public 

be  issued  and 

what  to  con-  Laws.)  All  caucuscs  in  said  cities  shall  be  held  at  the  call  of 
the  city  committee  of  the  political  party  holding  such  caucuses. 
The  call  for  such  caucuses  shall  be  issued  not  less  than  five  days 
prior  to  the  day  on  which  they  are  to  be  held.  It  shall  state  the 
places  where  such  caucuses  are  to  be  held,  the  hour  of  holding 
the  same,  the  time  during  which  the  polls  are  to  open,  and  the 
business  to  be  transacted  thereat,  and  shall  be  published  at 
least  twice  in  one  or  more  newspapers  published  in  the  city  in 
which  such  caucus  shall  be  held,  or  in  some  newspaper  having 
general  circulation  therein.  No  two  political  parties  shall  hold 
their  caucuses  on  the  same  day. 


tain. 


ELECTION    LAWS.  75 

Sec.  4.     (As  amended  by  Section  26,  Chapter  640,  Public  city  clerks  of 

^  *'  y  ^  '  Newport  and 

Laws.)     At  least  ten  daj's  previous  to  the  date  on  which  a  amiboLS'of 
political  party  desires  to  hold  its  caucuses  in  any  city,  the  chair-  pluvturkot a°nd 

Providence  to 

man  of  the  city  committee  of  such  i)olitical  party  shall,  in  the  be  notified  of 

date  of  caucus 

cities  of  NcA\i5ort  and  Central  Falls,  notify  in  writing  the  city  p"Hi,*g.piaces'' 
clerk,  antl  in  the  cities  of  Providence  and  Pawtucket,  the  board 
or  canvassers  and  registration,  of  the  date  selected  for  such 
caucuses,  and  the  political  party  first  making  such  selection  and 
notification  for  a  certain  date  shall  be  entitled  to  hold  its  cau- 
cuses on  that  date,  if  such  date  is  one  on  which  caucuses  may  be 
lawfully  held.  If  such  date  is  one  previously  so  selected  and 
notified  by  some  other  political  party,  or  is  one  on  which  cau- 
cuses may  not  be  lawfully  held,  such  chairman  shall  be  imme- 
diately notified  in  writing  of  the  fact  by  the  city  clerk,  or  board 
of  canvassers  and  registration,  as  the  case  may  be,  and  such 
chairman  shall  select  and  make  notification  of  another  date. 
It  shall  be  the  duty  of  said  city  clerks  and  said  boards  of  can- 
vassers and  registration,  in  and  at  the  expense  of  their  respec- 
tive cities,  to  provide  a  polling-place  in  each  representative-dis- 
trict for  the  caucus  of  such  representative-district,  and  in  each 
ward  for  the  caucus  of  such  ward,  and  to  notify  in  writing  such 
chairman  as  to  the  place  so  provided,  at  least  seven  days  prior 
to  the  date  of  such  caucuses. 

Sec.  5.     No  caucus    except  a  caucus  adjourned  under  the  Caucuses,  when 

to  be  held. 

provisions  of  section  fourteen  of  this  chapter,  shall  be  held 
within  two  days,  exclusive  of  Sundays  and  legal  holidays,  of 
the  last  day  for  filing  the  certificate  of  the  nominations  of  such 
caucus,  nor  shall  an}^  political  party  hold  caucuses  on  successive 
days.  All  caucuses  excepting  those  necessary  for  a  special 
election  shall  be  held  after  the  second  Thursday  next  after 
the  first  Monday  in  September  of  each  year,  and  all  caucuses  for 
the  nomination  of  candidates  for  the  city  couricil  of  either  of 
said  cities  excepting  those  necessary  for  a  special  election  shall 
be  held  within  twenty-five  days  of  the  Tuesday  next  after  the 


I 


76  ELECTION   LAWS. 

first  Monday  in  November  in  each  year.  Caucuses  necessary 
for  a  special  election  shall  be  held  not  more  than  ten  days 
before  nor  within  two  days,  exclusive  of  Sundays  and  legal 
holidays,  of  the  last  day  for  filing  the  certificates  of  the  nomina- 
tions of  such  caucuses. 
toirserefteT  Sec.  6.  (As  amended  by  Section  27,  Chapter  640,  Public 
nutVel  ^^^'  Laws.)  In  said  cities  the  city  committee  of  each  political  party 
shall,  at  least  two  days  prior  to  holding  the  first  caucus  next 
after  the  first  Monday  in  September,  appoint  a  caucus  moder- 
ator for  each  representative-district,  and  a  caucus  clerk  for  each 
voting-district  therein  and  a  caucus  warden  for  each  ward,  and 
a  caucus  clerk  for  each  voting-district  therein.  Each  of  said 
moderators  or  wardens  shall  be  a  qualified  elector  of  the  repre- 
sentative-district or  ward  for  which  he  is  appointed,  and  each  of 
said  clerks  shall  be  a  qualified  elector  of  the  voting-district  for 
which  he  is  appointed  and  a  member  of  such  political  party. 
Said  committees  shall  respectively  fill  all  vacancies  which  occur 
in  such  offices  from  any  cause,  including  that  of  removal  from 
the  ward  or  representative-district,  or  voting-district,  and  as 
hereinafter  provided. 

Each  committee  making  such  appointment  shall  file  with  the 
boards  of  canvassers  and  registration  in  the  cities  of  Providence 
and  Pawtucket,  respectively,  and  in  each  of  the  other  cities 
with  the  city  clerk,  at  least  one  day  previous  to  the  date  selected 
by  its  party  for  holding  any  caucus,  the  names  of  the  persons 
appointed  by  them  caucus  officers  as  aforesaid;  and  all  caucus 
officers  so  appointed  shall  hold  office  until  the  first  day  of 
January  next  succeeding  their  appointment  and  thereafter  until 
their  successors  are  appointed,  and  shall  have  the  same  powers 
and  duties,  in  the  conduct  of  caucuses,  as  are  conferred  and 
imposed  by  law  upon  similar  officers  of  elective  meetings. 

In  case  of  a  change  of  the  lines  of  a  representative-district  or 
of  a  ward  in  anj^  of  said  cities,  or  of  a  redivision  of  any  repre- 
sentative-district thereof  into  voting-districts,  the  city  com- 


ELECTION   LAWS.  77 

niittcc  of  each  political  party  thereof  may  revoke  such  appoint- 
ments by  them  respectively  made  in  the  case  of  all  caucus 
moderators,  wardens,  and  clerks  who  by  reason  of  such  change 
or  redivision  liecome  ineligible  to  serve  on  account  of  residence, 
and  appoint  others  in  their  stead,  and  the  city  committee  of 
each  political  party  shall  appoint  a  caucus  moderator,  and  in 
each  new  representative-district  or  voting-district  so  created,  if 
necessary,  the  city  committee  of  each  political  party  shall  ap- 
point a  caucus  warden  and  caucus  clerk  in  each  new  representa- 
tive-district or  voting-district  so  created. 

Sec.  7.  (As  amended  by  Section  28,  Chapter  640,  Public  J^ucus  officers. 
Laws.)  The  caucus  moderator  or  warden  appointed,  as  here- 
inl)efore  provided,  shall  call  the  caucus  of  his  political  party  to 
order,  and  shall  preside  thereat.  Each  caucus  clerk  shall  check 
the  voting-list  of  the  district  in  which  he  is  appointed  to  serve. 
In  case  a  caucus  moderator  or  warden  is  absent  at  the  time  at 
which  the  caucus  has  been  called,  or  in  case  a  caucus  moderator 
or  warden  becomes  incapacitated  during  the  holding  of  the 
caucus,  the  ward  committee,  or  a  majority  of  the  members  there- 
of present  at  such  caucus,  shall  appoint  a  qualified  elector  of 
such  party  residing  in  the  representative-district  as  caucus 
moderator,  or  a  qualified  elector  residing  in  the  ward  as  caucus 
warden,  for  such  caucus.  If  no  member  of  the  ward  committee 
is  present,  the  clerk  of  the  first  district  in  such  representative- 
district  or  ward,  or,  in  case  of  his  absence  or  incapacity,  then 
of  the  district  clerks  present  the  one  next  in  numerical  order 
of  the  districts,  shall  call  the  meeting  to  order,  and  the  electors 
present  shall  elect  some  qualified  person  as  caucus  moderator  or 
warden  of  such  caucus.  In  case  a  caucus  clerk  is  absent  at  the 
time  at  which  the  caucus  has  been  called,  or  in  case  a  caucus 
clerk  becomes  incapacitated  from  performing  his  duties  as  such 
during  the  holding  of  the  caucus,  the  ward  committee  of  such 
ward,  or  such  majority  thereof,  shall  appoint  some  qualified 
elector  of  the  representative-district  or  ward,  respectively,  as 


78 


ELECTION    LAWS. 


Hours  during 
which  caucus 
must  remain 
open. 


Form  of 
caucus  ballot. 


Who  may  take 
part  in  caucus. 
20  R.  I.  474. 
27  R.  I.  301. 


Voting-lists 
used,  by  whom 
to  be  prepared. 


such  caucus  clerk.  If  no  member  of  the  ward  conunittee  is 
present  the  caucus  moderator  or  warden  shall  appoint  some 
qualified  elector  as  aforesaid  as  caucus  clerk.  All  caucuses  shall 
be  called  to  order  at  seven  o'clock  P.  M.  The  polls  shall  be 
opened  at  or  before  seven-thirty  o'clock  P.  M.  and  the  ballot- 
boxes  shall  be  opened  and  the  interior  thereof  exposed  to  the 
view  of  all  present  by  the  warden  before  any  ballots  are  cast. 
Any  necessary  business  not  finished  at  seven-thirty  P.  M.  shall 
be  postponed  until  after  the  polls  are  closed  and  the  result  of 
the  balloting  announced.  The  polls  shall  be  kept  open  until 
ten  o'clock  P.  M.  and  no  longer.  Except  for  the  filling  of  va- 
cancies in  the  office  of  caucus  moderator  or  warden  and  caucus 
clerk,  as  hereinbefore  provided  in  this  section,  a  ballot  shall  be 
required  for  the  choice  of  all  candidates  for  elective  offices,  for 
delegates  to  conventions,  and  for  members  of  ward  committees, 
to  be  elected  by  such  caucus.  All  ballots  shall  be  printed  or 
written  on  white  paper,  and  no  tissue  paper  shall  be  used  for 
any  caucus  ballot.  The  names  of  all  candidates  for  which  any 
elector  shall  vote  at  any  caucus  shall  be  written  or  printed  upon 
one  ballot. 

Sec.  8.  No  person  shall  be  entitled  to  vote  or  take  part  in 
the  caucus  of  any  political  party  who  within  fourteen  calendar 
months  has  voted  or  taken  part  in  the  caucus  of  any  other 
political  party,  or  has  signed  nomination-papers  of  a  candidate 
or  candidates  for  any  elective  officer,  or  has  voted  in  any  election 
for  the  candidates  of  any  other  political  party  or  for  candidates 
placed  in  nomination  by  nomination-papers,  or  is  debarred  from 
so  voting  or  taking  part  by  the  regulations  of  such  party  pro- 
vided for  in  section  two  of  this  chapter.  No  person  who  has 
voted  in  the  caucus  of  any  political  party  shall  be  eligible  to 
sign  any  nomination-paper  containing  nominations  of  candi- 
dates, within  fourteen  calendar  months  thereafter. 

Sec.  9.  The  city  clerk  of  Newport  and  the  board  of  can- 
vassers and  registration  of  Providence  and  Pawtucket  shall 


ELECTION    LAWS.  79 

prepare  the  voting-lists  for  use  at  all  caucuses  held  in  their 
respective  cities.  A  voting-list  shall  be  prepared  for  each 
voting-district  and  for  each  ward  not  divided  into  voting-dis- 
tricts. At  all  caucuses  the  voting-lists  as  last  published  or 
canvassed  according  to  law  by  the  boards  of  canvassers  of  such 
cities  shall  be  used,  corrected  as  hereinafter  provided.  The 
board  of  canvassers  in  each  of  said  cities  shall  hold  a  canvass 
meeting  on  the  tAventy-seventh  day  preceding  the  Tuesday  next 
after  the  first  Monday  in  November  in  each  year,  and  also 
on  a  day  not  more  than  five  days  prior  to  the  earliest  day  law- 
fully selected  by  any  political  party  for  the  holding  of  caucuses 
made  necessary  by  a  special  election  to  fill  a  vacancy  in  the  city 
council  in  such  city,  to  canvass  and  correct  the  voting-lists  of 
electors  qualified,  and  who  may  be  qualified  by  the  payment  of  a 
tax,  to  vote  for  members  of  the  city  council.  Notice  of  said 
canvass  meetings  shall  be  given  in  such  manner  as  such  boards 
of  canvassers  shall  respectively  prescribe. 

Sec.  10.  In  preparing  caucus  voting-lists  for  the  caucuses  same  subject. 
of  any  political  party  there  shall  be  stricken  from  the  lists 
specified  in  section  nine  of  this  chapter  the  names  of  all  persons 
shown  by  the  nomination-papers,  or  copies  thereof,  and  used 
caucus  voting-lists  in  the  possession  of  the  city  clerks,  to  be 
debarred  from  voting  in  such  caucuses  by  the  provisions  of  sec- 
tion eight  of  this  chapter,  or  who  are  shown  by  the  regulations 
of  such  political  partj'  to  be  not  entitled  to  vote  in  its  caucuses. 
Each  such  list  shall  be  endorsed  with  the  name  of  such  political 
party,  and  shall  be  certified  by  such  city  clerk  or  board  of  can- 
vassers and  registration,  as  the  case  may  be. 

Sec.  11.     The  city  clerk  in  Newport  and  the  board  of  can-   H:tiiot-boxes 

and    suijplies. 

vassers  and  registration  in  Providence  and  Pawtucket  are  hereby 
authorized  and  required  to  furnish,  at  the  expense  of  their 
respective  cities,  suitable  ballot-box^s,  blank  forms  or  certifi- 
cates and  returns,  and  other  election  stationery,  for  each  polling- 
place  at  which  any  caucus  is  held,  and  to  cause  the  voting-lists 


80 


ELECTION    LAWS. 


Caucus   warden 
to  receive  bal- 
lots. 


Caucus  vote, 
how    counted; 
plurality  to 
elect. 


Return  of  bal- 
lots and  vot- 
ing-lists. 


In  case  of  tie 
vote,  what  ac- 
tion to  be 
taken. 
27  R.  I.  356. 


prepared  as  aforesaid  to  be  delivered  at  each  such  polling-place 
to  the  caucus  warden,  prior  to  the  hour  of  seven  o  'clock  in  the 
evening  of  the  day  on  which  any  such  caucus  is  to  be  held; 
and  it  is  hereby  made  the  duty  of  the  chiefs  of  police  of  said 
cities  to  detail  such  number  of  police  officers  to  each  such  polling- 
place,  for  the  preservation  of  order,  and  to  deliver  the  voting- 
lists  aforesaid,  as  may  be  requested  by  said  city  clerk  of  New- 
port and  said  board  of  canvassers  and  registration  of  Providence 
and  Pawtucket. 

Sec.  12,  The  caucus  warden  shall  receive  the  ballots  of  all 
persons  whose  names  are  upon  the  lists  certified  and  furnished 
to  him,  and  shall  reject  the  ballots  of  all  other  persons. 

Sec.  13.  Immediately  on  the  closing  of  the  polls  the  caucus 
warden  and  clerks  shall  in  open  caucus  proceed  to  count  the 
ballots  cast  in  the  presence  of  such  representatives  as  may  be 
appointed  in  writing,  one  by  each  candidate  voted  for  at  said 
caucus;  and  each  candidate  receiving  a  plurality  of  the  ballots 
cast  for  the  office  for  which  he  was  a  candidate  shall  be  declared 
by  the  caucus  warden  to  be  elected  or  nominated,  as  the  case 
may  be.  The  ballots  and  voting-lists  shall  then  be  forthwith 
separately  sealed  up,  together  with  a  statement  of  the  result 
of  the  balloting,  substantially  in  form  required  by  law  in  the  case 
of  elective  meetings,  and  shall  be  forthwith  delivered  in  person 
by  the  caucus  clerk  of  the  first  voting-district  in  each  ward  to  the 
city  clerk  in  the  city  of  Newport,  and  in  the  cities  of  Providence 
and  Pawtucket  to  the  board  of  canvassers  and  registration. 

Sec.  14.  In  case  at  any  caucus  a  majority  of  a  delegation  to 
any  convention,  or  of  any  ward  committee,  are  not  elected,  or  in 
case  of  a  tie  vote  for  any  candidate  for  an  elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall  be  designated  at  said 
caucus  by  the  caucus  warden,  but  not  to  any  day  at  which  a 
caucus  of  any  political  party  has  been  called.  In  case  of  a  tie 
vote  for  a  smaller  number  than  a  majority  of  the  delegates  to  a 
convention,  or  of  the  members  of  a  ward  committee,  the  elected 


I  ELECTION    LAWS.  81 

members  of  the  delegation  or  of  the  committee  shall  fill  the 
vacancies  so  caused  and  make  notification  of  their  action  to  the 
person  or  officer  entitled  to  receive  the  same.  In  all  cas(>s  the 
delegates  to  a  convention  shall  have  power  to  fill  vacancies  in 
their  number  appearing  at  the  hour  of  the  meeting  of  such  con- 
vention. 

Sec.  15.     The  warden  of  every  caucus  shall,  within  twenty-  Certificates  of 

election  or 

four  hours  after  said  caucus  is  held,  deliver  or  send  to  each   n"m;n!iti"n.  by 

'  warden 

delegate  to  a  political  convention,  and  to  each  member  of  a 
political  committee,  a  certificate  of  his  election,  and  to  each 
candidate  for  an  elective  office  a  certificate  of  his  nomination, 
and  shall  also  cause  the  certificate  of  nomination  required  by 
law  in  the  case  of  all  candidates  who  are  nominated  by  such 
caucus  for  any  elective  office  to  be  prepared  and  seasonably  filed 
in  the  proper  pu])lic  office,  unless  proceedings  for  recount  of  the 
ballots  cast  at  such  caucus  are  inaugurated  conformably  to  the 
provisions  of  section  sixteen  of  this  chapter,  in  which  case  he 
shall  not  deliver,  send,  or  cause  to  be  filed  any  such  certificates. 
Upon  each  check-list  used  at  such  caucus  the  clerk  checking  ^,j''J^{il'f|''t°,"  "^ 
such  list  shall  make  a  return  under  oath  that  the  said  check-  '^''^''^'' 
list  is  the  identical  one  used  in  the  caucus  of  the  political  party 
for  which  it  was  furnished,  and  that  the  names  checked  were 
truly  and  properly  checked  at  such  caucus,  and  that  no  alter- 
ation or  erasure  or  additional  check  has  been  made  thereon. 

Sec.  16.     If  before  five  o'clock  in  the  afternoon  of  the  day   Recount  of  vote 

on  proper  ap- 

succeeding  the  day  on  which  any  caucus  is  held  under  the  provis-  ^'i[hhi°t'?nre"'' 
ions  of  this  chapter  a  person  who  has  received  votes  thereat  for  ''™'*' 
nomination  or  election  to  any  elective  office,  delegation,  or 
political  committee  shall  serve  upon  the  city  clerk  of  Newport 
and  in  the  cities  of  Providence  and  Pawtucket,  the  board  of 
canvassers  and  registration,  a  statement  in  writing  that  the 
records  and  returns  made  by  the  caucus  officers,  as  aforesaid,  are 
erroneous,  and  specifying  wherein  the  same  are  erroneous,  and 
claiming  an  election  or  nomination  by  said  caucus  for  the  peti- 


82 


ELECTION   LAWS. 


Notice  of  re- 
count. 


Method  of  re- 
count and 
hearing    there- 


Recount  to  be 
conclusive,    and 
official  ballots 
to  be  prepared 
accordingly. 


tioner,  and  petitioning  for  a  recount  of  such  ballots  by  the  board 
of  canvassers  in  Newport  or  the  board  of  canvassers  and  regis- 
tration in  Providence  and  Pawtucket,  such  city  clerk  or  board 
of  canvassers  and  registration  shall  retain  all  the  ballots  cast 
at  such  caucus  until  such  claim  is  withdrawn  or  the  contest  for 
the  nomination  or  election  is  fully  determined,  as  hereinafter 
provided.  The  city  clerk  upon  whom  such  statement  is  served 
shall  forthwith  notify  the  members  of  the  board  of  canvassers 
of  his  city  of  the  filing  of  such  petition,  and  it  shall  be  the  duty 
of  said  board  of  canvassers  to  forthwith  convene,  and  to  cause 
notice  in  writing  to  be  served,  in  such  manner  as  said  board  of 
canvassers  shall  direct,  upon  all  other  candidates  for  the  same 
office  receiving  votes  at  said  caucus,  at  the  expense  of  the  peti- 
tioner, of  the  filing  of  such  petitions  for  a  recount,  and  shall 
appoint  a  time  and  place  for  the  recount  of  said  ballots  within 
twenty-four  hours,  exclusive  of  Sundays  and  legal  holidays, 
from  the  time  of  ordering  such  notice.  At  the  time  specified 
by  said  board  of  canvassers  said  city  clerk  shall  transmit  to 
such  board  all  the  ballots  cast  at  such  caucus  and  the  voting- 
list  used  thereat.  In  the  cities  of  Providence  and  Pawtucket 
like  proceedings  shall  be  observed  by  the  board  of  canvassers 
and  registration,  at  the  expense  of  the  petitioner,  and  at  the 
appointed  time  and  place  said  board  of  canvassers  or  board  of 
canvassers  and  registration  shall  proceed  to  recount  said  ballots 
and  to  hear  and  determine  all  questions  raised  for  or  against  the 
counting  of  the  same  or  of  any  thereof,  and  shall  declare,  as  the 
result  of  such  recount  and  determination,  what  persons,  if  any, 
were  lawfully  elected  or  nominated  at  such  caucus.  Such 
declaration  shall  stand  as  the  true  record  and  result  of  the  vote 
cast  at  such  caucus,  and  the  proper  officer  shall  cause  the  names 
of  the  persons  so  declared  to  be  nominated  for  any  elective 
office  to^^be  printed  upon  the  official  ballots,  in  accordance  with 
a  certificate  of  such  recount  and  determination  made  and  filed 
with  him  by  said  board,  which  certificate  shall  be  deemed  to  be 


ELECTION   LAWS.  83 

made  and  filed  as  of  the  day  of  holding  such  caucus.  Said 
board  shall  also  furnish  to  each  delegate  and  member  of  a 
committee,  so  declared  to  be  elected,  a  certificate  of  his  election. 
Any  candidate  receiving  votes  at  such  caucus  for  such  nomina-  Candidates 

may  be  present 

tion  or  office  may  be  present  during  such  recount,  either  in  per-  '^^ ntount. 
son  or  l)y  an  agent  dulj'  appointed  in  writing. 

Sec.   17.     The  city  clerk  of  Newport  and  the  board  of  canvas-  city  officials  to 

retain  under 

sers  and  registration  of  the  cities  of  Providence  and  Pawtucket  ^eai  aii  used 

^  voting-lists    for 

shall  retain  under  seal  for  the  period  of  fourteen  calendar  months  "''''^'  period. 

all  of  the  voting-lists  returned  to  them   under  the  provisions 

of  this  chapter:     Provided,  that  such  lists  may  be  unsealed  for  Lists  may  be 

unsealed,  when. 

use  in  the  proceedings  provided  for  in  sections  ten  and  sixteen 
of  this  chapter,  after  which  they  shall  be  immediately  resealed, 
and  that  the  city  clerk  of  Newport  or  the  board  of  canvassers 
and  registration  in  Providence  or  of  Pawtucket,  after  a  check- 
list has  been  used  at  a  caucus  of  a  political  party  held  under  the 
provisions  of  this  chapter,  upon  written  application  for  a  copy 
of  the  list  as  checked,  signed  b}'  any  qualified  elector  in  the  city 
where  such  list  was  used,  and  upon  payment  or  tender  of  the 
fees  provided  by  law  therefor,  may  unseal  and  open  the  WTapper 
containing  such  check-list,  and  shall  furnish  to  such  applicant 
a  certified  copy  of  the  list  as  checked,  and  shall  then  reseal  the 
same. 

Sec.  18.  Every  public  officer  or  officer  of  a  political  party  Penalties. 
who  shall  willfully  violate  any  of  the  provisions  of  this  chapter, 
or  shall  refuse,  or  willfully  neglect  and  omit,  to  perform,  in  the 
manner  and  within  the  time  prescribed,  any  duty  imposed  upon 
him  by  this  chapter,  shall  be  fined  not  less  than  fifteen  nor 
more  than  fifty  dollars,  or  imprisoned  in  jail  for  a  period  not 
exceeding  thirty  days,  or  both.  Every  person  at  a  caucus  who, 
knowing  that  he  is  not  entitled  to  vote,  votes  or  attempts  to 
vote,  or  votes  or  attempts  to  vote  upon  any  other  name  than 
his  own,  or  votes  or  attempts  to  vote  more  than  once  upon  his 
own  name,  or  deposits  or  attempts  to  deposit  more  than  one 


84 


ELECTION   LAWS. 


Arrest  without 

warrant. 

27  R.I.  350. 


Secretary  of 
state  to  furnish 
copies  of  cer- 
tain nomina- 
tion papers. 


ballot  for  any  candidate  for  any  elective  office  or  delegate  to  any 
convention  or  member  of  any  political  committee  at  the  same 
balloting,  or  at  any  caucus  gives  a  false  answer  to  any  caucus 
clerk  or  the  presiding  officer  of  any  caucus  relative  to  his  right 
to  vote  at  such  caucus,  shall  be  punished  by  imprisonment  in 
jail  not  exceeding  thirty  daj^s.  Whoever  aids  or  abets  a  person 
not  entitled  to  vote  at  a  caucus  in  voting  or  attempting  to  vote 
under  a  name  other  than  the  voter's  own  name,  or  in  voting 
twice  upon  the  voter's  own  name,  or  aids  or  abets  a  person  in 
depositing  or  attempting  to  deposit  at  a  caucus  more  than  one 
ballot  as  aforesaid  at  the  same  balloting,  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  thirty  days.  Whoever  will- 
fully alters,  or  willfully  makes  any  change,  erasure,  or  addi- 
tional check  upon  the  voting-list  used  or  to  be  used  at  a  cau- 
cus, or,  having  custody  or  control  of  such  voting-list,  shall 
suffer  or  permit  any  alteration,  change,  erasure,  or  additional 
check  to  be  made  upon  such  voting-list,  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  sixty  days.  Excepting 
otherwise  herein  provided,  the  penalties  imposed  by  law  upon 
election  and  other  officers  and  voters  who  violate  the  pro- 
visions of  law  regulating  elective  meetings  are  hereby  imposed 
upon  the  same  and  like  caucus  and  other  officers  and  voters  for 
the  same  and  like  violations  of  this  chapter. 

Sec.  19.  It  shall  be  the  duty  of  every  police  or  other  peace 
officer  or  constable  to  arrest  without  warrant  any  person 
detected  in  the  act  of  violating  the  provisions  of  this  chapter. 

Sec.  20.  The  secretary  of  state  shall  make  and  send  to  the 
city  clerk  of  each  of  said  cities,  copies  of  all  nomination-papers 
filed  with  him  which  contain  the  names  of  electors  of  such  city. 


ELECTION    LAWS.  85 


CHAPTER  13.  Pub.  Laws.  ch. 

1319,  April  19, 
19()(). 


Of  the  Use  of  Voting-Machines  at  State,  City  and  Town 

Elections. 

Section  1.     The  use  at  any  state,  city,  or  town  election  of  voting-nm- 

.1  >  .7  !  chnu'S,  ll.sc  of 

voting-machines  of  such  ty])(^  or  inalce  as  shall  have  been  ex-  eUM-'tionr'' ''' 
amined  and  approved  by  the  state  returning-board  is  hereby 
authorized  under  the  restrictions  provided  in  this  chapter. 

Sec.  2.     In  this  chapter,  unless  the  context  otherwise  re-  ^his"ohrterde- 

fined. 

quires: 

The  term  "state  election"  shall  mean  any  election  at  whicli 
any  of  the  officers  named  in  section  one  of  chapter  eleven  are  to 
be  chosen,  or  any  elective  meeting  at  which  a  question  or  an 
amendment  to  the  constitution  is  submitted  to  the  electors  of  the 
state ; 

The  term  "town  election"  shall  include  city  election,  and 
shall  mean  any  election  at  which  any  city,  town,  ward,  or  dis- 
trict officers  are  to  be  chosen,  or  any  elective  meeting  at  which  a 
question  is  to  be  submitted  to  the  voters  of  a  city  or  town  or  of 
any  subdivision  thereof; 

The  term  "party"  shall  mean  any  political  organization  or 
group  of  citizens  making  nominations  in  accordance  with  the 
provisions  of  sections  four  to  twenty-three,  inclusive,  of  chapter 
eleven. 

The  term  "question"  shall  mean  any  question  submitted  to 
the  voters  of  any  city  or  town  or  of  any  subdivision  thereof,  or 
any  question  or  amendment  to  the  constitution  submitted- to 
the  voters  of  the  state; 

The  term  "town"  shall  include  city,  and  the  term  "town 
clerk"  or  "clerk  of  the  town  "shall  include  city  clerk; 

The  term  "moderator"  shall  include  warden  and  the  presid- 
ing officer  of  any  voting-place; 


86 


ELECTION   LAWS. 


State   return- 
ing-board  to  ex- 
amine voting- 
machines, 
when . 


The  term  "machine,"  when  used  in  sections  five  to  twenty- 
three,  inclusive,  of  this  chapter,  shall  mean  any  voting-machine 
of  a  type  or  make  approved  by  the  state  returning-board; 

The  term  "device"  shall  mean  the  lever,  knob,  button,  or 
other  mechanical  contrivance  connected  with  the  face-plate  of  a 
voting-machine,  by  which  the  voter  shall  register  his  vote; 

The  term  "face-plate"  shall  mean  that  portion  of  the  voting- 
machine  facing  the  voter  as  he  enters  to  vote,  upon  which  are 
arranged  and  displayed  the  devices  by  which  he  is  to  register  his 
vote; 

The  term  "counter"  shall  mean  the  numbered  wheels,  dials, 
or  other  mechanism  of  a  voting-machine  whereby  the  votes  for 
each  candidate  and  upon  each  question  are  indicated,  recorded, 
and  counted;  and  the  term  "protective  counter"  shall  mean  a 
separate  counter  registering  999,999,  which  cannot  be  reset, 
and  which  records  the  total  number  of  movements  of  the  operat- 
ing lever. 

Sec.  3.  Whenever  requested  by  any  person  representing 
any  type  or  make  of  voting-machine  which  in  the  opinion  of  the 
state  returning-board  will  probably  comply  with  the  provisions 
of  this  chapter,  said  board  shall  examine  such  machine,  and  if 
satisfied  as  to  the  durability,  accuracy,  efficiency,  and  capacity 
of  such  machine,  and  that  it  does  comply  with  the  requirements 
of  this  chapter,  said  board  shall  approve  such  type  or  make  of 
machine,  and  shall  certify  such  approval  to  the  secretary  of 
state,  together  with  the  report,  drawings,  and  photographs, 
which  shall  be  a  public  record,  and  thereafter  such  type  or  make 
of  machine  may  be  used  as  provided  in  this  chapter.  In  making 
such  examination  said  board  may  employ  mechanical  experts  to 
assist  it,  and  the  expense  of  the  services  of  such  experts,  not 
exceeding  two  hundred  dollars,  shall  be  paid,  by  the  person  or 
persons  offering  such  machine  for  examination,  before  such 
examination  is  had,  and  such  mechanical  experts  shall  sign  the 
certificate  of  approval  filed  by  said  board  with  the  secretary  of 


ELECTION    LAWS.  87 

state  under  this  section:  Provided,  however,  that  no  type  or 
make  of  machine  shall  be  used  at  any  state  or  town  election 
until  such  machine  shall  have  been  approved  by  said  board. 

The  state  returning-]:)oard  shall  also  pass  upon  and  approve  Said  board  to 

.  .  approvo  in- 

suitable  prnited  and  illustrated  instructions  furnished  by  the  stmction- 

shcets  furnislKHl 

manufacturers  of  any  machines  approved  by  said  board,  and  turorsT/ ma- 
when  sucli  instructions  are  so  approved  they  shall  be  filed  with 
the  secretary  of  state,  who  shall  issue  copies  of  the  same  to  tlie 
city  and  town  officials  and  other  officers  of  election  for  their 
guidance  in  preparing  the  machines  for  election,  and  such  in- 
structions shall  be  binding  upon  the  custodian  and  other  offi- 
cials concerned  thereby. 

Sec.  4.     Every  type  or  make  of  voting-machine  approved  by  Requirements 

_  to  be  met  by 

the  state  returning-board  must  meet  the  following  require-  machines. 
ments : 

It  nuist  permit  a  voter  to  vote  in  absolute  secrecy,  by  means  of 
a  mechanical  device,  for  all  the  candidates  for  whom  he  is  en- 
titled to  vote,  at  any  election  at  which  such  machine  is  to  be 
used; 

It  must  also  permit  a  voter  to  vote  for  or  against  all  questions 
upon  which  he  is  entitled  to  vote,  at  any  election  at  which  such 
machine  is  to  be  used; 

It  must  provide  one  such  device  for  each  candidate  and  also 
party  devices  whereby  a  voter  may  vote  for  all  the  candidates  of 
any  ]>arty  of  his  choice  by  one  operation,  and  such  party  devices 
must  be  capable  of  being  locked  out  of  operation  without 
interfering  with  the  voting  for  candidates  individually; 

It  must  permit  a  voter  to  vote  for  candidates  for  electors  of 
president  and  vice-president  of  the  United  States  individually, 
or  by  means  of  a  single  device  to  vote  for  the  entire  group  of 
such  candidates  nominated  by  any  party; 

It  must  provide  a  means  whereby  a  voter  can  vote  for  any 
person  for  any  office,  although  such  person  may  not  be  a  can- 
didate for  such  office; 


ELECTION    LAWS. 

It  must  be  so  constructed  that  a  voter  cannot  vote  twice  for 
any  one  candidate  for  the  same  office,  and  cannot  vote  for  more 
than  one  person  for  the  same  office  except  where  a  voter  is  law- 
fully entitled  to  so  vote,  and  cannot  vote  for  more  persons  than 
he  is  entitled  to  vote  for ; 

It  must  be  so  constructed  that  a  voter  can  change  his  vote 
for  any  of  the  candidates  on  any  of  the  voting-devices  up  to  the 
time  he  is  ready  to  register  his  vote; 

It  must  be  capable  of  being  used  for  state  and  town  elections 
at  the  same  time,  when  both  elections  are  held  on  the  same  day; 

It  must  be  fitted  with  a  face-plate  to  which  each  device  can  be 
affixed  antl  accurately  labeled  so  as  to  show  clearly  and  dis- 
tinctly the  office,  the  name  and  address  of  the  candidate,  and  the 
party  which  such  device  represents;  and  in  the  case  of  each 
party  device,  so  that  such  device  can  show  the  party  emblem 
provided  by  section  twenty-four  of  chapter  eleven.  Such  face- 
plate shall  be  of  such  size,  and  so  constructed,  as  to  permit  of 
the  arrangement  thereon  of  each  device  and  its  label,  in  per- 
pendicular party  columns  or  parallel  party  rows,  and  such 
face-plate  must  be  ample  in  size  to  accommodate  at  least  seven 
different  party  columns  or  rows  and  at  least  seven  different 
questions; 

It  must  correctly  register,  by  means  of  mechanical  counters, 
the  number  of  voters  by  whom  it  is  used,  and  every  vote  cast  for 
each  candidate  and  upon  each  question,  and  it  must  be  capable 
of  being  so  closed  during  the  time  the  polls  are  open  that  no 
person  can  see  or  know  the  number  of  votes  registered  for  any 
candidate,  person,  or  question.  Such  counters  shall  be  so 
attached  to  the  machine  that  by  means  of  labels  or  numbers 
they  can  be  clearly  identified  with  the  devices  on  the  face-plate 
by  which  they  are  operated ; 

It  must  be  provided  with  a  lock  or  locks  by  means  of  which  the 
operation  of  the  devices  and  the  movement  of  the  voting, 
counting  and  registering  mechanism  may  be  absolutely  pre- 


I 


I 

I 


ELECTION   LAWS.  89 

vented  and  prohibited,  whenever  such  prevention  and  pro- 
hibition is  required  by  law. 

Any  machine  that  does  not  conform  in  all  respects  to  the  fore- 
going requirements  shall  not  bo  approved  by  the  state  returning- 
board. 

Sec.  5.     Whenever  the  general  assembly  shall  make  an  ap-  secretary  of 

state  to  invite 

propriation  for  the  purchase  of  machines,  the  secretary  of  state  ^Ws  for  ma- 

^        ^  ^  ;  ./  chines,  and  may 

shall  by  advertisement  in  the  newspapers  invite  bids  for  the  ^hen^^''  ^'"^^' 
furnishing  of  such  tj-pe  or  make  of  machine  as  has  been  ap- 
proved by  the  state  returning-board,  and  upon  receipt  of  satis- 
factory bids  he  shall  have  authority  to  contract  for  the  furnish- 
ing of  the  machines  in  such  manner  and  at  such  times  as  he 
may  deem  necessary,  providing,  hoAvever,  that  no  such  contract 
shall  be  binding  until  approved  by  the  governor  and  the  attor- 
ney-general and  mitil  the  secretary  of  state  shall  receive  a  bond, 
in  such  sum  and  with  such  sureties  as  shall  be  approved  by  the 
governor  and  the  attorney-general,  for  the  faithful  perform- 
ance of  the  terms  of  such  contract.  All  machines  purchased 
under  any  such  contract  shall  be  paid  for  from  the  aforenamed 
appropriation,  and  the  state  auditor  shall  draw  his  order  or 
orders  for  the  payment  therefor,  upon  receipt  of  vouchers  ap- 
proved by  the  secretary  of  state  and  the  governor.  The  secre- 
tary of  state  may  employ  a  mechanical  expert  to  examme  all   Mechanical  ex- 

*'  J  L-      ^  i  pgrt  may  be 

machines  purchased  by  him  at  the  time  of  their  delivery,  and  to  employed. 
instruct  the  toA\ii  and  city  officers,  to  whose  care  and  custody 
the  machines  are  committed,  in  the  use  and  operation  thereof. 
Such  expert  shall  be  paid  from  the  appropriation  aforenamed 
a  sum  not  exceeding  ten  dollars  for  each  day's  service,  and  the 
state  auditor  shall  draw  his  orders  for  the  payment  of  such  ser- 
vices upon  the  receipt  of  vouchers  approved  by  the  secretary  of 
state.     The  secretary  of  state  shall  in  his  discretion  supply  such   Machines  to  be 

supplied  to 

machines  as  have  been  purchased  by  the  state  under  the  pro-  cities  and 

i^  -^  '■  towns,   when. 

visions  of  this  section,  to  be  used  for  such  period  of  time  as  he 
may  designate,  to  any  town  or  city  making  requisition  therefor. 

12 


90  ELECTION   LAWS. 

Such  requisition  shall  be  manifested  by  vote  of  the  town  council 
of  any  town  or  the  board  of  aldermen  of  any  city,  and  a  cer- 
tified copy  of  such  vote  shall  be  filed  with  the  secretary  of  state 
at  least  one  month  before  any  election  at  which  the  machines 
are  to  be  used.  Machines  furnished  under  the  provisions  of  this 
section  may  thereafter  be  used  at  all  state  and  town  elections 
and  may  be  used  in  one  or  more  voting-places  of  such  town: 
Provided,  however,  that  at  each  voting-place  where  such  ma- 
chines are  used  at  least  one  machine  shall  be  furnished  for  every 
six  hundred  qualified  electors,  and  for  every  fraction  of  six 
hundred  qualified  electors  in  excess  of  one  hundred,  whose  names 
are  upon  the  voting-list  used  at  such  voting-place.  All  ma- 
chines furnished  under  the  provisions  of  this  section  shall  be 
delivered  by  the  secretary  of  state  to  the  clerk  of  the  town 
wherein  they  are  to  be  used,  at  the  expense  of  such  town,  and 
said  clerk  shall  be  responsible  for  their  safe-keeping,  and  the 
authorities  of  such  town  shall  furnish  said  clerk  with  sufficient 
police  protection  to  enable  him  at  all  times,  whether  such  ma- 
chines are  in  use  or  not,  to  properly  protect  them  from  injury 
or  damage:  Provided,  however,  that  such  machines  shall 
remain  the  property  of  the  state,  and  when  their  use  shall  for 
any  reason  be  discontinued,  they  shall  be  returned  to  the  secre- 
tary of  state  by  the  town  clerk,  at  the  expense  of  the  town. 
Whenever  any  machines  are  furnished  under  this  section  to  the 
cities  of  Providence  and  Pawtucket  they  shall  be  delivered  to  the 
board  of  canvassers  and  registration,  and  the  duties  prescribed 
for  town  clerks  by  this  section  in  regard  to  their  custody,  safe- 
keeping, and  return  shall  devolve  upon  and  be  performed  by 
said  board. 

The  use  of  any  machine,  purchased  and  supplied  under  the 
provisions  of  this  section,  may  be  discontinued  at  any  time  by  an 
order  of  the  secretary  of  state  filed  with  the  town  clerk  of  the 
town  in  which  such  machines  are  to  be  used,  and  the  secretary 
of  state  shall  order  the  discontinuance  of  the  use  of  such  ma- 


ELECTION   LAWS.  91 

chines  whenever  he  shall  receive  a  certified  copj^  of  a  vote  re- 
questing such  discontinuance,  passed  by  the  to^\^l  council  or  the 
board  of  aldermen  of  any  town  or  city  in  which  such  machines 
are  being  used;  but  such  certified  copy  shall  be  filed  with  the 
secretary  of  state  not  later  than  one  month  before  any  election 
at  which  the  machines  are  to  be  used. 

Sec.  6.     Any  town  or  city,  by  vote  of  its  town  or  city  council,   Town  or  city 

•^  ->  ^      •'  ->  '     niay    purchase 

may  purchase  or  lease  machines  and  may  order  their  use  in  any  11^^^^^^  ™^" 
one  or  more  voting-places  of  such  town  or  city,  and  said  councils 
may  also  order  the  experimental  use  of  leased  machines  at  any 
election  in  one  or  more  voting-places  of  such  to\Mi  or  city,  and 
the  use  of  such  machines  shall  be  valid  for  all  purposes  of  the 
election.  Any  such  order  shall  be  made  not  later  than  one 
month  before  the  day  of  the  election  at  which  such  machines  are 
to  be  used,  and  a  certified  copy  of  such  order  shall  be  forthwith 
filed  with  the  secretary  of  state,  and  such  order  shall  show  the 
,  number  of  machines  to  be  used,  the  date  of  the  election  and  the 
voting-places  at  which  they  are  to  be  used,  whereupon  the 
secretary  of  state  shall  cause  such  machines  to  be  examined  and 
to  be  numbered  as  required  by  section  seven  of  this  chapter. 
Any  order  made  under  this  section  shall  continue  in  force 
until  revoked  hy  vote  of  the  town  or  city  council,  but  such  revo- 
cation shall  be  made  not  later  than  one  month  before  the 
election  at  which  the  use  of  such  machine  is  to  be  discontinued, 
and  a  certified  copy  of  the  revoking  order  shall  forthwith  be 
filed  with  the  secretary  of  state.  Any  purchase  or  lease  of 
machines  under  the  provisions  of  this  section  shall  be  at  the 
expense  of  the  city  or  town  making  such  purchase  or  lease,  and 
at  each  voting-place  where  such  machines  are  used  at  least 
one  machine  shall  be  furnished  for  every  six  hundred  qualified 
electors,  and  for  every  fraction  of  six  hundred  rjualified  electors 
in  excess  of  one  hundred,  whose  names  are  upon  the  voting-list 
used  at  such  voting-place  and  entitled  to  use  such  machines: 
Provided,  however,  that  no  machine  purchased  or  leased  under 


i 


92  ELECTION   LAWS. 

the  provisions  of  this  section  shall  be  used  in  any  state  or  town 
election  until  such  machine  has  been  examined  by  the  secretary 
of  state  or  by  an  expert  mechanic  appointed  by  him,  and  is 
found  by  the  secretary  of  state  to  comply  with  the  requirements 
of  this  chapter.  The  expense  of  such  examination  not  exceed- 
ing ten  dollars  for  each  machine  shall  be  paid  by  the  city  or 
town  purchasing  or  leasing  the  same, 
numbired  b'y^''  Sec.  7.  Evcry  machine  purchased  or  leased  under  the  pro- 
state, visions  of  sections  five  and  six  of  this  chapter  shall  be  numbered 
by  the  secretary  of  state,  and  such  number  shall  be  inscribed 
upon  the  machine  in  some  conspicuous  place,  and  thereafter 
such  machine  shall  be  designated  and  identified  by  such  num- 
ber in  all  records,  reports,  certificates,  and  statements  required 
to  be  made  by  this  chapter  or  by  any  other  provision  of  law, 
wherein  such  machine  is  to  be  designated.  It  shall  be  the  duty 
of  the  secretary  of  state  to  keep  a  record  of  the  number  of  each 
machine  and  of  the  voting-place  in  which  such  machine  is  used, 
and  to  that  end  he  may  require  the  person  who  has  custody 
of  any  machine  to  furnish  him  with  the  necessary  information 
for  such  record. 
Diagrams  or  g^c.  8.     lu  all  cases  whcrc  machines  are  to  be  used  for  a 

lace-plates  to 

bywhonr'^'  state  election  or  for  a  town  election  held  on  the  same  day  as 
a  state  election  the  secretary  of  state,  and  in  all  cases  where 
machines  are  to  be  used  for  town  elections  only,  the  town  clerk, 
shall  prepare  a  diagram  of  the  face-plate  of  the  machines  to 
be  used  at  such  election,  and  such  diagram  shall  show  the  man- 
ner and  order  in  which  the  devices  and  labels  shall  be  arranged 
upon  such  face-plate.  Such  diagram  shall  be  made  up  as  nearly 
as  possible  to  conform  to  the  provisions  of  section  twenty- 
four  of  chapter  eleven,  in  regard  to  the  arrangement  of  the 
offices  and  candidates  and  party  columns  on  the  paper  ballot; 
except  that  whenever  the  face-plate  will  permit  the  list  of  can- 
didates shall  be  arranged  in  parallel  party  rows  running  hori- 
zontally across  the  face-plate.     All  officers  charged  with  the 


ELECTION   LAWS.  93 

I 

duty  of  arranging  the  devices  and  labels  upon  the  face-plate  of 
any  machine  for  any  election  shall  be  furnished  with  a  copy  of 
such  diagram  at  least  three  days  before  the  date  of  such  elec- 
tion, and  shall  be  governed  thereby  in  the  performance  of  such 
duty. 

Sec.  9.     The  labels  required  for  any  machine  to  be  used  at  a   J-^'";'^  *°  ^e 

^  "^  furiiishea  at  ex- 

state  election,  or  at  a  town  election  held  on  the  same  day  as  a  '"'"*''  "^  ''*^*''- 
state  election,  shall  be  printed  and  furnished  at  the  expense  of 
the  state  and  shall  be  supplied  by  the  secretary  of  state  to  the 
clerk  of  the  towai  where  such  machine  is  to  be  used.  Such  clerk 
shall  certify  to  the  secretary  of  state,  not  later  than  ten  clays 
before  such  tovra  election,  the  offices  to  be  voted  for  thereat, 
the  names  and  addresses  of  the  candidates  for  such  offices,  and 
the  party  name  under  which  such  candidates  were  nominated, 
and  any  other  information  necessary  to  enable  the  secretary  of 
state  to  prepare  labels  uniform  in  size,  type,  color,  and  appear- 
ance with  those  prepared  bj^  him  for  the  state  election,  and  in 
like  manner  such  clerk  shall  certify  to  the  secretary  of  state  a 
copy  of  each  question  to  be  submitted  to  the  electors  of  such 
toAMi  so  that  suitable  labels  may  be  prepared  and  furnished 
therefor.  Labels  required  for  machines  to  be  used  at  to^\^l 
elections  only  shall  be  prepared  and  furnished  at  the  expense  of 
such  tovra,  and  by  the  clerk  of  the  to^^^l.  All  labels  provided 
under  this  section  shall  be  printed  in  black  ink  on  clear,  white 
material  in  plain  clear  type,  as  large  as  the  label  space  will 
permit,  and  three  sets  of  such  labels  shall  be  furnished  for  each 
machine.  Upon  the  label  for  questions  the  statement  of  the 
question  may  be  abbreviated  to  meet  the  requirements  of  the 
space  provided,  and  shall  be  printed  in  type  that  can  be  easily 
read,  with  the  words  "Yes"  and  "No,"  or  "Approve"  and 
"Reject,"  w^hichever  may  be  required,  for  the  voter  to  indicate 
his  vote  for  or  against  any  such  question. 

The  officers  required  by  this  section  to  provide  labels  shall   sampic  ballot. 
also  prepare  a  sample  ballot,  which  may  be  of  a  reduced  size, 


94  ELECTION   LAWS. 

in  the  form  of  a  diagram  or  fac-simile  of  the  face-plate  of  the 
machine  after  the  labels  and  devices  have  been  arranged  thereon 
ready  for  the  use  of  the  voter.  Such  sample  ballot  shall  clearly 
and  briefly  explain  and  illustrate  the  manner  of  operating  the 
machine,  of  voting  a  straight  party  ticket,  of  voting  for  can- 
didates individually,  and  of  voting  upon  questions.  .  No 
fewer  than  three  of  such  sample  ballots  shall  be  furnished  for 
each  voting-place. 
hiTiShed  'for  "^^^^  Secretary  of  state  shall  also  prepare  and  furnish,  for  each 

by  *secTetary"of  votiug-place  at  which  machiues  are  to  be  used  for  state  elections, 
suitable  forms  whereon  may  be  recorded  the  following  informa- 
tion for  each  machine  in  use : 

The  machine  number; 

The  voting-place  at  which  such  machine  is  used; 

The  date  of  the  election  at  which  such  machine  is  used ; 

The  number  of  names  checked  upon  the  voting-hst  used  at 
such  election; 

The  number  of  voters  registered  by  the  machine; 

The  number  of  votes  registered  by  the  machine  for  each  can- 
didate, and  for  what  office; 

The  number  of  votes  registered  by  the  machine  for  and 
against  each  question  submitted. 

Space  shall  be  left  on  such  form  wherein  may  be  recorded  the 
number  of  votes  given  in  for  any  person  not  a  candidate  at  such 
election,  and  for  what  office.  Spaces  shall  also  be  left  for  the 
signatures  of  the  moderator,  clerk,  and  at  least  two  supervisors. 
The  secretary  of  state  shall  also  furnish  the  necessary  envelopes 
and  adhesive  labels  required  to  be  used  in  accordance  with  the 
provisions  of  section  fourteen  of  this  chapter. 

Similar  forms  shall  be  prepared  and  furnished  by  the  town 
clerk  of  any  town  wherein  machines  are  to  be  used  for  a  town 
election  only,  whereon  may  be  recorded  like  information  in  re- 
gard to  the  votes  cast  for  each  candidate  or  person  for  town 
offices  and  for  and  against  each  question  submitted  to  the  voters 


ELECTION    LAWS.  95 

of  the  tcnvn;  and  sucli  clerk  shall  also  furnish  the  necessary 
envelopes  and  adhesive  labels  rcHiuired  to  be  used  in  accordance 
with  the  provisions  of  section  fourteen  of  this  chapter. 

Whenever  machines  are  to  be  used  at  any  voting-i)la(;e  in  the 
cities  of  Providence  and  Pawtucket  the  officers  required  by  this 
section  to  furnish  and  deliver  labels,  forms,  envelopes,  and 
adhesive  labels  shall  furnish  and  deliver  the  same  to  the  board 
of  canvassers  and  registration.  All  printed  matter,  stationery, 
and  supplies  required  to  be  furnished  by  this  section  shall  be 
delivered  to  the  proper  officer  not  later  than  three  days  before 
the  election  for  which  they  are  to  be  used. 

Sec.  10.     The  chairman  of  the  town  or  city  connnittee  of  Party  watehors. 

how  appointed. 

any  political  party,  may  ten  days  before  any  election  in  such 
city  or  town  at  which  machines  are  to  be  used,  apply  to  the 
town  or  city  clerk  for  the  appointment  of  party  watchers. 
Said  clerk  shall,  within  two  days  after  the  receipt  of  such  appli- 
cation, from  a  list  of  names  to  be  furnished  by  such  chairman, 
appoint  one  such  watcher  for  each  voting-place  at  which  ma- 
chines are  to  be  used.  Such  watcher  shall  have  the  right  to 
visit  the  voting-place  for  which  he  is  appointed  and  inspect  the 
machines  when  they  are  being  set  up,  arranged,  locked,  and 
sealed  and  prei)ared  for  the  use  of  the  voters.  He  shall  also  be 
admitted  within  the  guard-rail  on  the  morning  of  election,  before 
the  opening  of  the  polls,  to  witness  the  inspection  of  the  ma- 
chines by  the  moderator,  but  shall  not  remain  within  such 
guard-rail  after  the  polls  are  declared  open.  He  shall  also  be 
admitted  Avithin  the  guard-rail,  after  the  polls  are  closed,  to 
witness  the  amiouncement  and  recording  of  the  vote  registered 
by  the  machines  and  the  final  locking  of  the  machines  })y  the 
moderator.  He  shall  not  be  entitled  to  any  compensation  for 
his  services,  and  shall  not,  while  within  the  guard-rail,  either 
l)y  word  or  action,  interfere  with  the  election-officers  in  the  per- 
formance of  their  duties,  and  any  attempt  on  his  part  so  to  do 
shall  be  deemed  good  cause  for  his  removal  from  the  voting- 


96  ELECTION   LAWS. 

place  by  order  of  the  moderator.  In  the  cities  of  Providence  and 
Pawtucket  such  watchers  shall  be  appointed,  by  the  board  of 
canvassers  and  registration,  from  a  list  of  names  submitted  to 
said  board  by  the  chairman  of  the  city  committee  of  any  poli- 
tical party  for  that  city. 
Duty  of  town  gj,^_  ^-^^      j^  ^Yxall  be  the  duty  of  any  town  clerk  to  whose 

custody  any  machines  have  been  delivered  to  see  that  each 
machine  is  properly  and  safely  located  in  the  voting-place  where 
it  is  to  be  used,  and  to  notify  the  secretary  of  state  of  such  loca- 
tion. Before  the  time  for  the  opening  of  the  polls  at  any  elec- 
tion when  machines  are  to  be  used  he  shall  affix  the  labels  to  the 
devices  on  the  face-plate  of  each  machine,  shall  see  that  such 
devices  and  labels  are  arranged  on  the  face-plate  in  accordance 
with  the  provisions  of  this  chapter,  that  such  devices  are  in 
good  working  ortler,  and  that  the  machine  is  properly  set  and 
adjusted  and  ready  for  use  at  such  election.  He  shall  also  see 
that  all  of  the  party  devices  not  needed  in  the  election  are 
securely  locked,  and  that  all  the  counters  are  set  at  zero  and 
record  no  vote  for  any  candidate.  When  he  has  prepared,  set, 
and  adjusted  each  machine  ready  for  use,  he  shall  lock  such 
machines  and  seal  them  Avith  a  special  seal.  He  shall  also  see 
that  the  sample  ballots  are  posted  in  some  conspicuous  place  in 
the  voting-place  outside  the  guard-rail.  Prior  to  the  day  of 
election  he  shall  carefully  instruct  the  election-officers  in  regard 
to  the  locking  and  unlocking  of  each  machine,  the  manner  of 
operating  it,  of  voting  thereby,  and  of  reading  and  recording  the 
votes  therefrom.  He  may  appoint  deputies  who  shall  be  expert 
mechanics  to  assist  him  in  the  performance  of  the  foregoing- 
duties,  not  exceeding  one  such  deputy  for  every  eight  machines, 
and  such  deputies  shall  be  paid  the  sum  of  ten  dollars  per  day 
for  each  day's  service,  from  the  town  treasury,  upon  vouchers 
approved  by  said  clerk.  Such  deputies  shall  be  citizens  of  the 
state,  but  need  not  be  voters  of  the  city  or  town  in  which  they 
are  to  serve,  and  before  entering  upon  their  duties  they  shall  be 


ELECTION   LAWS.  97 

sworn  to  the  faithful  performance  thereof.  Said  clerk  shall 
cause  to  be  delivered  to  the  moderator  of  the  elective  meeting 
at  "which  machines  are  to  be  usetl,  at  least  five  minutes  before 
the  opening  of  the  polls,  the  keys  of  such  machines  in  a  sealed 
envelope  upon  Avhich  shall  be  written  or  printed  the  number  and 
location  of  the  voting-machines,  and  the  numbers  registered  on 
the  protective  counter,  if  any,  as  reported  to  the  clerk  when  the 
machines  were  set  up  and  adjusted.  Such  envelope  shall  be 
opened  by  the  moderator  in  the  i)resence  of  the  other  election- 
officers  and  watchers,  and  the  delivery  of  such  keys  shall  be 
equivalent  to  a  certificate  from  such  clerk  that  the  machines  are 
ready  for  use.  The  custody  of  such  machines  shall  remain  in 
said  clerk  up  to  the  time  of  the  delivery  of  the  keys  thereof  to 
the  moderator,  and  said  clerk  shall  be  held  fully  responsible 
for  any  damage  or  injury  to  any  machine  while  it  is  in  his 
custody,  and  for  failure  to  have  any  machine  ready  for  use  at  the 
time  of  the  opening  of  the  polls.  The  duties  imposed  by  this 
section  upon  to\ra  clerks  shall  in  the  cities  of  Providence  and 
PaAAi:ucket  be  performed  by  the  board  of  canvassers  and  regis- 
tration. 

Sec.  12.     The  voting-places  where  machines  are  to  be  used   voting-piaces, 

liow  to  be 

shall  be  equipped,  by  the  officers  now  required  by  law  to  lurnish  equipped. 

and  equip  such  voting-places,  with  a  guard-rail  having  one  place 

for  entrance  and  another  place  for  exit,  and  said  rail  shall  be  so 

placed  that  only  persons  admitted  inside  said  rail  can  approach 

within  five  feet  of  any  machine.     Any  person  desiring  to  vote  Manner  of  vot- 

ing, 

shall  give  his  name  and,  if  requested  so  to  do,  his  residence  to 
one  of  the  supervisors,  who  shall  thereupon  amiounce  the  same 
in  a  loud  and  distinct  voice,  clear  and  audible,  and  if  such 
name  is  found  upon  the  voting-list  the  supervisor  in  charge  of 
the  voting-list  shall  repeat  the  said  name  in  the  same  manner 
and  the  voter  shall  be  allowed  to  enter  the  space  enclosed  by 
the  guard-rail,  and  his  name  shall  at  once  be  checked  upon  the 
supervisor's  list.     The  moderator  shall  thereupon  direct  said 


98  ELECTION   LAWS. 

voter  as  to  the  machine  he  shall  use,  and  said  voter  shall  at  once 
enter  said  machine,  and  shall  vote  by  means  of  the  devices,  and 
having  voted  he  shall  leave  the  machine  and  proceed  to  the 
desk  of  the  clerk  near  the  exit  from  the  enclosure.  He  shall 
then  give  his  name  and,  if  requested  so  to  do,  his  residence  to 
the  clerk,  who  shall  check  his  name  upon  the  voting-list,  and  he 
shall  leave  the  enclosure  without  delay  No  voter  shall  remain 
within  a  machine  longer  than  one  minute,  and  if  he  shall  refuse 
to  leave  it  after  the  lapse  of  one  minute  he  may  be  removed 
therefrom  by  order  of  the  moderator.  Besides  the  election- 
officers,  not  more  than  two  voters  in  excess  of  the  number  of 
machines  shall  be  allowed  within  said  enclosed  space  at  one  time. 
In  case  any  voter  after  entering  the  machine  shall  ask  for  further 
instructions  concerning  the  manner  of  voting,  the  moderator 
shall  appoint  two  supervisors,  who  shall  give  such  instruction  to 
him,  and  after  receiving  such  instruction  such  voter  shall  vote 
as  in  the  case  of  an  unassisted  voter.  Any  voter  who  declares 
to  the  moderator  that  on  account  of  blindness  or  other  physical 
disability  he  cannot  use  the  machine,  shall,  by  direction  of  the 
moderator,  receive  the  assistance  of  two  supervisors,  who  in  the 
presence  of  such  voter  and  in  the  presence  of  each  other  shall 
register  his  vote  upon  the  machine  for  the  candidates  of  his 
choice.  In  every  case  where  supervisors  are  directed  by  the 
moderator  to  assist  or  instruct  a  voter  one  of  such  supervisors 
shall  be  a  republican  and  the  other  a  democrat.  No  election 
officer  assisting  or  instructing  a  voter  shall  in  any  manner  re- 
quest, suggest,  or  seek  to  persuade  or  induce  any  such  voter  to 
vote  for  a  particular  candidate  or  for  or  against  any  particular 
question,  nor  shall  any  such  election-officer  give  any  informa- 
tion whatsoever  in  regard  to  the  manner  in  which  such  voter 
shall  vote. 
Duty  of  moder-  Sec.  13.  The  moderator  upon  receipt  of  the  keys  of  the 
machines  at  the  voting-place,  before  the  opening  of  the  polls 
ghall  in  company  with  the  clerk,  supervisors,  and  party  watchers. 


ELECTION    LAWS.  99 

and  before  the  opening  of  the  polls,  unlock  the  counter  com- 
partment of  each  machine  and  carefully  examine  each  counter 
and  satisfy  himsc^lf  that  no  vote  is  registered  thereon  for  any 
candidate  or  question.  He  shall  also  examine  the  face-plate  of 
each  machine  and  see  that  it  is  arranged  in  accordance  with  the 
sample  ballot,  and  shall  satisfy  himself,  so  far  as  he  may  do  so 
without  operating  any  machine,  that  each  machine  is  in  good 
order  and  ready  for  the  use  of  the  voters.  He  shall  thereupon 
close  and  lock  the  counter  compartment  of  each  machine  and 
unlock  each  machine  for  voting  and  declare  the  polls  open. 
During  the  time  that  the  polls  are  open,  and  until  the  machines 
are  finally  locked  and  sealed  and  the  keys  thereof  sealed  up  for 
transmission  to  the  town  clerk,  as  hereinafter  provided,  such 
machines  shall  remain  in  the  care  and  custody  of  the  moderator, 
who  shall  see  that  the  machine  and  the  devices  and  labels 
thereon  are  not  defaced  or  injured  by  any  voter  or  any  other 
person.  During  the  entire  time  in  which  the  polls  are  open  for 
voting  the  doors  of  the  counter  compartmAit  shall  be  kept 
closed  and  locked  and  the  counters  kept  concealed,  except  that, 
if  a  machine  shall  become  out  of  order,  the  moderator  may  have 
such  machine  opened  for  the  purpose  of  making  necessary 
repairs  thereon:  Provided,  however,  that  whenever  such  ma- 
chine is  opened  for  such  purpose  a  note  thereof  shall  be  made 
on  the  return-sheet  by  the  moderator  and  clerk,  stating  the 
time  when  said  machine  was  opened,  the  length  of  time  it  was 
opened,  and  the  probable  trouble.  If  at  any  time  after  the 
polls  are  opened  the  voting  is  interrupted,  by  trouble  with  the 
machine,  for  more  than  five  minutes,  a  report  of  such  inter- 
ruption and  the  probable  cause  thereof  shall  be  made  by  the 
moderator  and  clerk  with  the  returns.  In  case  any  machine, 
during  the  time  the  polls  are  opened,  becomes  injured  so  as  to 
render  it  inoperative,  in  whole  or  in  part,  it  shall  be  the  duty 
of  the  moderator  to  immediately  notify  the  town  clerk,  or,  if 
in  the  cities  of  Providence  and  Pawtucket,  the  board  of  can- 


100  ELECTION   LAWS. 

vassers  and  registration,  and  such  clerk  or  board  shall  at  once 
substitute  another  machine  for  the  injured  machine  and  at  the 
close  of  the  polls  the  records  of  both  machines  shall  be  taken. 
If  no  other  machine  can  be  procured  for  use  at  such  election, 
and  there  is  not  another  machine  at  the  voting-place  in  use, 
the  election  shall  continue  under  the  provisions  of  law  that 
would  apply  if  the  use  of  machines  had  not  been  authorized. 
All  repairs"  upon  machines  in  use  at  any  voting-place  shall  be 
made  by  the  expert  mechanic  appointed  under  section  eleven  of 
this  chapter,  but  such  repairs  shall  not  be  made  to  any  machine 
that  will  necessitate  the  moving  or  changing  of  the  counters 
which  register  the  vote  cast  for  any  candidate  or  question.  It 
shall  be  the  duty  of  the  moderator  to  remain  near  the  entrance 
to  the  machines  while  the  polls  are  open,  to  regulate  the  ad- 
mission of  voters  thereto,  but  he  may  appoint  one  of  the  super- 
visors, from  time  to  time,  to  relieve  him  in  the  performance  of 
such  duty.  He  shall  also,  at  such  intervals  as  he  may  deem 
proper  or  necessary,  examine  the  face-plate  of  each  machine 
to  ascertain  whether  it  has  been  defaced  or  injured,  to  detect 
any  wrongdoer,  and  to  have  any  injury  repaired. 
Duties  of  mod-       Sec.  14.     Immediately  upon  the  close  of  the  polls  the  moder- 

erator  upon 

closing  of  polls.  ^^QY  shall  lock  the  operating  levers  of  the  machine  against 
voting  and  shall  open  the  counter  compartment,  and  in  the 
presence  of  the  other  election-officers  and  watchers  shall  proceed 
to  read  off  in  a  clear  and  loud  voice  the  vote  for  each  candidate, 
and  upon  each  question  as  indicated  by  the  counters,  and  the 
votes  cast  for  persons  not  nominated.  Wliile  the  moderator  is  •' 
so  announcing  the  vote,  the  clerk  shall  record  the  same  on  the 
forms  provided  for  in  section  nine  of  this  chapter.  Upon  the 
blank  form  provided  by  the  secretary  of  state  he  shall  record  in 
ink  the  votes  cast  for  each  candidate  and  person  and  for  and 
against  each  question  in  the  state  election,  and  upon  the  blanks 
furnished  by  the  town  clerk  he  shall  record  in  ink  the  votes  cast 
for  each  candidate  and  person  and  for  and  against  each  question 


ELECTION  LAWS.  101 

in  the  town  election,  and  the  number  registered  on  the  protect- 
ive counter,  if  any;  and  such  records  shall  be  known,  respect- 
ively, as  state  election  returns  and  town  election  returns. 
The  moderator  and  one  supervisor  of  each  political  party  shall 
each  separately  compare  such  returns  with  the  counters  of  the 
machine,  and  if  they  are  found  to  agree,  such  moderator,  clerk, 
and  supervisor  shall  sign  such  returns.  The  clerk  shall  there- 
upon copy  such  returns  in  ink  in  the  record-book  of  the  elective 
meeting  now  provided  for  by  law,  and  the  moderator  shall 
compare  the  copy  made  in  said  book  with  the  counters  of  the 
machine,  and  if  they  are  found  to  agree,  he,  together  with  the 
clerk,  shall  sign  such  record-book.  At  least  two  separate 
return-sheets  shall  be  made  out  for  each  machine  used  in  the 
voting-place,  and  the  records  in  the  record-book  shall  show  the 
votes  registered  by  each  machine  for  each  candidate  and  person 
and  for  and  against  each  question,  and  the  number  registered 
on  the  protective  counter,  if  any.  The  machine  shall  then  be 
completely  locked  by  the  moderator  so  that  the  devices  cannot 
be  worked  nor  the  counters  or  registers  changed,  and  the  keys 
of  the  machines  shall  be  enclosed  in  a  stout  envelope  and  be 
directed  to  the  town  clerk.  The  record-book  shall  also  be 
placed  in  a  paper  wTapper  and  directed  to  the  town  clerk.  Such 
record-book  and  envelope  shall  then  be  sealed  with  tw^o  or  more 
adhesive  labels  affixed  upon  such  envleope  and  package  so  that 
they  cannot  be  tampered  with,  and  such  labels  shall  be  signed 
in  ink  by  the  moderator  and  clerk.  Such  envelope  and  record- 
book  shall  thereupon  be  delivered  to  a  police  officer  who  shall, 
under  orders  of  the  town  clerk,  or,  if  in  the  cities  of  Providence 
and  Pawtucket,  under  orders  of  the  board  of  canvassers  and 
registration,  remain  at  the  voting-place  until  such  clerk  or 
board  resumes  custody  of  the  machines.  Such  envelope  and 
record-book  shall  not  be  opened,  after  they  are  once  sealed  up 
in  the  polling-place,  by  any  person  whatsoever,  except  the  officer 
to  whom  they  are  addressed. 


ELECTION   LAWS. 

The  state  election  returns  shall  be  enclosed  in  a  stout  en- 
velope, together  with  the  supervisors'  reports,  and  such  en- 
velope shall  be  endorsed  with  a  statement  of  the  offices  and 
question  to  which  the  returns  relate,  the  number  of  the  ma- 
chines from  which  such  returns  were  taken,  the  voting-place 
where  such  machines  were  used,  and  the  date  of  the  election 
to  which  such  returns  refer.  The  town  election  returns  shall  be 
enclosed  in  another  stout  envelope,  together  with  the  super- 
visors' reports,  and  such  envelope  shall  be  endorsed  with  a 
statement  of  the  offices  and  questions  to  which  such  returns 
relate,  the  number  of  the  machines  from  which  such  returns 
were  taken,  the  voting  -place  where  such  machines  were  used, 
and  the  date  of  the  election  to  which  such  returns  refer.  Each 
envelope  shall  be  sealed  with  two  or  more  adhesive  labels, 
and  such  labels  shall  be  signed  in  ink  by  the  moderator  and  clerk. 

The  provisions  of  law  relating  to  the  disposition  of  the  ballots 
cast  under  chapter  eleven,  after  they  have  been  sealed  up  in 
open  town  meeting,  shall  apply  in  all  respects  to  the  disposition 
of  the  state  election  returns  and  the  town  election  returns  after 
they  are  enclosed  in  envelopes  and  sealed  up  as  before  pre- 
scribed, and  said  returns  shall  be  of  the  same  force  and  effect  in 
determining  the  vote  cast  for  any  candidate  and  person,  or  for 
and  against  any  question,  as  would  ballots  cast  for  such  candi- 
dates, persons,  or  for  and  against  such  questions  under  the  pro- 
visions of  chapter  eleven,  or  any  other  provision  of  law  in  regard 
to  elections. 

When  machines  are  used  at  town  elections  in  towns  not 
divided  into  voting-districts,  the  moderator,  after  announcing 
the  votes  registered  by  the  machines  for  the  candidates  for  town 
officers,  and  upon  questions  submitted  to  the  voters  of  the  town, 
and  signing  the  record  thereof  in  the  record-book,  shall  declare 
the  result  of  such  town  election,  and  certificates  shall  be  issued 
to  the  officers  declared  elected  as  is  now  required  by  law. 


ELECTION   LAWS.  103 

Sec.  15.     When  the  inachines  used  in  any  voting-place  have  Town  clerk  to 

resiiinc  cus- 

been  finally  locked  and  sealed  by  the  moderator  after  the  close  ehfnea°^wh^. 
of  the  polls,  the  town  clerk  shall  resume  custody  of  such  ma- 
chines, either  in  person  or  through  a  police  officer  delegated  for 
that  puri)ose,  and  shall  take  all  necessary  measures  to  prevent 
such  machines  from  being  opened,  tampered  with,  injured,  or 
damaged,  or  the  counters  thereof  changed,  until  such  time  as 
said  clerk  is  notified  by  the  proper  officers  that  the  election  has 
in  all  respects  been  completed:  Provided,  however,  that  in  the 
cities  of  Providence  and  Pawtucket  such  custody  shall  be  re- 
sumed by  the  boards  of  canvassers  and  registration  of  said 
cities;  and  provided,  further,  that  such  machines  may  be  opened, 
unlocked,  and  examined  at  any  tune  by  order  of  the  state 
returning-board  after  the  polls  are  closed,  and  such  board  may 
issue  such  order  whenever  it  deems  such  action  necessary  for  the 
proper  discharge  of  its  duty  in  counting,  tabulating,  and  declar- 
ing the  votes  cast  at  state  elections,  and  such  board  may,  in  its 
discretion,  issue  an  order  upon  the  petition  of  any  town  council, 
board  of  aldermen,  or  of  the  board  of  canvassers  and  registration, 
or  any  candidate  at  the  said  election;  but  no  machine  shall  be 
opened,  upon  any  such  order  except  in  the  presence  of  a  mem- 
ber of  the  state  returning-board,  who  shall  see  that  such  machine 
is  securely  relocked  and  resealed  after  the  investigation  for 
which  it  was  opened  has  been  completed. 

Sec.  16.     Whenever  any  machines  purchased  or  leased  under  Model  of  ma- 

"■  chine  may  be 

sections  five  and  six  of  this  chapter  are  to  be  used  for  the  first  gtruoJfoli ^ o^f '"" 

...  ,  •  1  J 1  1     •  1  1  -  voters,  when 

tmie  m  any  votmg-place,  the  person  supplying  such  maclimes 
may  be  required,  by  the  officer  or  body  purchasing  or  leasing 
them,  to  furnish  and  equip  each  of  such  voting-places  with  a 
model  for  the  instruction  of  voters.  Permission  may  also  be 
granted  to  any  person,  supplying  machines  under  the  provision 
of  this  chapter,  to  furnish  and  use  models  of  such  machines  for 
the  instruction  of  voters,  and  such  permission  shall  be  subject  to 
the  restriction  that  the  model  machines  shall  be  located  out- 


104  ELECTION    LAWS. 

side  the  guard-rail  of  the  voting-place  in  a  position  where  their 
operation  will  not  interfere  with  the  conduct  of  elections,  and 
further  that  such  machines  in  the  arrangement  of  their  face- 
plate shall  correspond  with  the  machine  or  machines  in  use 
within  the  guard-rail.  Labels  shall  be  furnished  for  such 
model  machines  free  of  charge  by  the  officers  required  to  provide 
such  labels,  under  section  nine  of  this  chapter. 
negteX  b°y  *^EC.   17.     Any  public  officer  upon  whom  a  duty  is  imposed 

Form  duty^^''      by  this  chapter  who  shall  willfully  neglect  to  perform  such  duty, 
or  who  shall  perform  it  in  such  a  way  as  to  hinder  the  objects 
of  this  chapter,  shall  be  imprisoned  not  exceeding  one  year  or 
fined  not  exceeding  five  hundred  dollars,  or  both. 
Penalty  for  Sec.  18.     Any  person,  not  being  an  election-officer  or  person 

tampering  with  .^    i  /  «_> 

machmes.  upon  wlioui  a  duty  is  imposed  by  this  chapter,  who,  while  any 

machine  is  being  made  ready  for  an  election,  or  is  in  use  during 
an  election,  shall  tamper  with  such  machine,  disarrange,  deface, 
injure,  or  impair  the  same  in  any  manner,  or  mutilate,  injure,  or 
destroy  or  disarrange  any  label  thereon,  or  to  be  placed  thereon, 
or  any  other  appliance  used  in  connection  with  such  machine, 
shall  be  imprisoned  not  exceeding  one  year  or  fined  not  exceed- 
ing five  hundred  dollars,  or  both. 

Penalty  for  Sec.  19.     Any  person  having  the  custody  of  a  machine  under 

tampering  with 

any'^pereon^  ^^^^  chapter,  or  any  election-officer,  who,  with  intent  to  cause  or 
tody"^^"^'  permit  any  machine  to  fail  to  correctly  register  all  votes  cast 
thereby,  tampers  with,  injures,  or  disarranges  such  machine  in 
any  way,  or  any  part  thereof,  or  who  causes  or  consents  to  such 
machine  being  used  for  voting  at  any  election  Avith  knowledge-; 
of  the  fact  that  the  same  is  not  in  order  or  not  properly  set  and 
adjusted  so  that  it  will  correctly  register  all  votes  cast  thereby, 
or  who,  for  the  purpose  of  defrauding  or  deceiving  any  voter 
or  of  causing  it  to  be  doubtful  for  what  candidate  or  question 
any  vote  is  cast,  or  of  causing  it  to  appear  upon  said  machine 
that  votes  cast  for  one  candidate  or  question  were  cast  for 
another  candidate  or  question,  removes,  changes,  or  mutilates 


ELECTION   LAWS.  105 

any  label  on  said  machine  or  any  part  thereof,  or  does  anything 
to  defeat  the  will  or  intention  of  a  voter  in  casting  a  lawful 
vote,  shall  be  imprisoned  not  exceeding  one  year  or  fined  not 
exceeding  five  hundred  dollars,  or  both. 

Sec.  20.     Any  election-officer  who  shall  at  the  close  of  the  P<-n».ity  for 

election  officer 

polls  purposely  cause  the  vote  registered  by  any  machine  to  be  be'lnTOrrecUy^" 

ii  11  ,  1  .  !•  1     ,  recorded  or  re- 

mcorrectl}^  recorded  or  returned,  as  to  any  candidate,  person  turned. 

or  question,  or  who  shall  knowingly  cause  to  be  made  or  signed 

any  false  statement,  certificate,  or  return  of  any  kind,  of  such 

vote,  or  who  shall  knowingly  consent  to  such  things,  or  any  of 

them,  being  done,  shall  be  imprisoned  not  exceeding  one  year  or 

fined  not  exceeding  five  hundred  dollars,  or  both. 

Sec.  21.     Whoever,  with  intent  to  defraud  a  voter  of  his  penalty  for  cir- 
culating false 
vote,  or  to  cause  a  voter  to  lose  his  vote,  shall  give  in  any  way,   or  misleading 

'  J  o  .7  >7  >     instructions. 

or  shall  print,  write,  or  circulate,  or  shall  cause  to  be  WTitten, 
printed,  or  circulated,  any  improper,  false,  misleading,  or  in- 
correct instructions  or  advices  or  suggestions  of  how  to  vote  by 
the  machine,  the  following  of  which  would  cause  any  voter  to 
lose  his  votes  or  would  cause  him  to  fail  to  register  or  record  the 
same  on  the  machine  for  the  candidates  of  his  choice,  shall  be 
imprisoned  not  exceeding  one  year  or  fined  not  exceeding  five 
hundred  dollars. 
Sec.  22.     Any  unauthorized  person  who  sliall  make  a  dupli-  Penalty  for 

unauthorized 

cate  of,  or  have  in  his  possession,  a  key  to  any  machine  used  at  ^11?°^  nmcl'^n^e 
any  election,  or  any  election-officer  who  shall  keep  one  or  more  ti^n-o°fficer'faii- 
of  the  keys  to  a  machine  and  shall  fail  or  refuse  to  return  them  return  key. 
immediately  after  the  election  to  the  officer  charged  by  law 
with  the  duty  of  caring  for  such  keys,  and  any  mechanic  who 
shall  keep  one  or  more  of  said  keys  after  he  has  prepared  the 
machines  for  election  and  shall  refuse  to  turn  said  keys  over  to 
the  officer  charged  by  law  Avith  the  care  of  said  keys,  and  any 
officer  charged  by  law  with  the  care  of  said  keys  who  shall  keep 
such  keys  and  refuse  to  deliver  them  over  to  his  successor  in 

H 


106 


Provisions  of 
law  not  incon- 
sistent to  apply 
to  elections. 


ELECTION   LAWS. 

office,  shall  be  imprisoned  not  exceeding  one  year  or  fined  not 
exceeding  five  hundred  dollars. 

Sec.  23.  All  provisions  of  law  in  relation  to  the  conduct  of 
elections  not  inconsistent  with  the  provisions  of  this  chapter 
shall  apply  to  all  elections  at  which  machines  are  used. 


( 


Pub.  Laws,  Ch. 
826,  March  7, 
1901. 


CHAPTER  14. 


Of  the  Election  of  General  Officers. 


General  offi- 
cers, when 
elected,   and 
terms  of  office. 


Ballots  cast  for, 
to   be   delivered 
to  the  state  re- 
turning-board. 


State  return- 
ing-board  to 
count  ballots 
and  issue  cer- 
tificates. 


Section  1.  (As  amended  by  Section  1,  Chapter  817,  Public 
Laws.)  The  governor,  lieutenant-governor,  secretary  of  state, 
attorney-general,  and  general  treasurer  shall  be  known  as  general 
officers.  They  shall  be  elected  by  ballot  at  town,  representative- 
district  and  voting-district  meetings,  on  the  Tuesday  next  after 
the  first  Monday  in  November  biennially,  commencing  A.  D. 
1912,  and  shall  severally  hold  their  offices  for  two  years  from  the 
first  Tuesday  of  January  next  succeeding  their  election  and  until 
their  successors  are  elected  and  qualified. 

Sec.  2.  The  ballots  given  in  at  any  election  for  general 
officers,  after  having  been  counted  and  declared  in  open  meeting 
by  the  moderators  or  wardens  and  clerks,  shall  be  sealed  up  and 
certified  in  the  manner  provided  by  law  and  be  delivered  in  per- 
son, by  the  respective  clerks  of  the  meetings  where  they  were 
given  in,  to  the  state  returning-board  within  forty-eight  hours 
after  such  sealing  is  done:  Provided,  that  any  such  clerk  may 
appoint,  in  writing,  some  officer  of  the  town  or  city  where  he 
resides  to  so  deliver  such  ballots  in  his  stead  in  case  of  his 
sickness  or  absolute  inability  to  deliver  them  in  person. 

Sec.  3.  The  state  returning-board  shall  count  and  tabulate 
all  such  ballots  and  declare  the  result  thereof  in  the  manner  pro- 
vided by  law,  and  shall  give  certificates  of  their  election  to  the 
persons  shown  to  have  been  elected. 

Sec.  4.  When  the  governor- elect  shall  die,  remove  from  the 
state,  refuse  to  serve,  become  insane,  or  be  otherwise  incapac- 


f  ELECTION   LAWS.  107 

itatod,  the  lieutenant-governor  elect  shall  be  qualified  as  gov-  Lit-utcniint- 

'  .^  "  governor   shall 

ernor  at  the  beginning  of  tlu^  term  for  which  he  was  elected,  ^fheu*^  ^°^*^'""°'"' 
When  both  the  governor  and  lieutenant-governor-elect,  or  either  General  officers 
tlie  lieutenant-governor,  secretary  of  state,  attorn ej^-general,  or  by  tiie'^generai 

assembly,  when. 

general  treasurer-elect,  are  so  incapacitated,  or  when  there  has 
been  a  failure  to  elect  any  one  or  more  of  the  officers  mentioned 
in  this  section,  the  general  assembly  shall,  upon  its  organization, 
meet  in  grand  committee  and  elect  some  person  or  persons  to  fill 
the  office  or  offices,  as  the  case  may  be,  for  which  such  incapacity 
exists  or  as  to  which  such  failure  to  elect  occurred.  When  the 
general  assembly  shall  elect  any  of  said  officers  because  of  the 
failure  of  any  person  to  receive  a  plurality  of  the  votes  cast,  the 
election  in  each  case  shall  be  made  from  the  persons  who  received 
the  same  and  largest  number  of  votes. 
Sec.  5.     If  the  offices  of  governor  and  lieutenant-governor  be  Acting gov- 

ernor,  duties. 

both  vacant,  by  reason  of  death  or  otherwise,  they  shall  be  filled 
by  the  general  assembly  in  grand  committee,  and  the  acting 
governor  shall,  if  the  general  assembly  is  not  then  in  session 
call  a  special  session  thereof,  for  that  purpose,  within  twenty 
days  after  both  of  said  offices  become  vacant,  if  a  stated  ses- 
sion is  not  sooner  to  occur. 

Sec.  6.     In  case  of  a  vacancy  in  the  office  of  secretary  of  Grand  com- 
mittee to  elect 
state,  attorney-general,  or  general  treasurer,  from  any  cause,  the  pertain  general 

'  ^    o  7         o  ./  /  officers,   when. 

general  assembly  in  grand  committee  shall  elect  some  person  to 

fill  the  same:     Provided,  that  if  such  vacancy  occurs  when  the  Governor  shall 

appoint,  when. 

general  assembly  is  not  in  session  the  governor  shall  appoint 
some  person  to  fill  such  vacancy  until  a  successor  elected  by  the 
general  assembly  is  qualified  to  act. 

Sec.  7.     In  elections  by  the  general  assembly  in  grand  com-  Majority  to 

•^  °  ./  o  ^^lp^,j_  jj^  grand 

mittee  the  person  receiving  a  majority  of  the  votes  shall  be  '■o""»'"ee. 
elected.     Every  person  elected  by  the  general  assembly  to  fill 
a  vacancy,  pursuant  to  the  provisions  of  this  chapter,  shall  hokl 
his  office  for  the  remainder  of  the  term  or  for  the  full  term,  as 
tlie  case  may  be,  and  until  his  successor  is  elected  and  qualified. 


108 


ELECTION   LAWS. 


CHAPTER  15. 


fnh  ^A^^'^'i  ^^-    Of  the  Election  of  Senators  and  Representatives  in  the 

1230,   April  26, 

25°R.  1. 520.  General  Assembly. 


Senators   and 
representatives 
in  general  as- 
sembly,   date 
of  election  and 
term  of  office. 


Election  meet- 
ings to  stand 
adjourned  un- 
til notice  is  re- 
ceived that 
senators  and 
representatives 
have  been 
elected. 


Of  the  delivery 
of  ballots  cast 
for  members  of 
the  general  as- 
sembly. 


Section  1.  (As  amended  by  Section  29,  Chapter  640,  and 
Section  1,  Chapter  819,  Public  Laws.)  Senators  and  representa- 
tives in  the  general  assembly  shall  be  elected  by  ballot  in  each 
town  and  city,  at  town,  representative-district,  and  voting- 
district  meetings,  on  the  Tuesday  next  after  the  first  Monday 
in  November  biennially,  commencing  A.  D.  1912,  and  shall 
severally  hold  their  offices  of  two  years  from  the  first  Tuesday  in 
January  next  succeeding  their  election  and  until  their  successors 
are  elected  and  qualified. 

Sec.  2.  (As  amended  by  Section  30,  Chapter  640,  Public 
Laws.)  All  town,  representative-district,  and  voting-district 
meetings  held  in  any  town  or  city  for  the  election  of  senator  and 
representatives  in  the  general  assembly,  or  of  any  one  or  more 
of  them,  shall,  at  the  time  of  closing  the  polls  therein  prescribed 
by  law,  stand  adjourned  until  the  date  named  in  the  warrant 
provided  in  section  four  of  this  chapter  to  be  issued  in  case  of  no 
election,  or  until  the  state  returning-board  shall  have  notified 
the  mayor  or  president  of  the  town  council,  as  the  case  may  be, 
that  an  election  of  senator  and  representatives  in  the  general 
assembly  from  such  city  or  town  has  been  made. 

Sec.  3.  All  ballots  given  in  for  senators  and  representatives 
in  the  general  assembly  at  any  election  therefor,  after  having 
been  counted  and  declared  in  open  meeting  by  the  moderators 
or  wardens  and  clerks,  shall  be  sealed  up  and  certified  in  the 
manner  provided  by  law  and  be  delivered  in  person,  by  the 
respective  clerks  of  the  meetings  where  they  were  given  in,  to 
the  state  returning-board,  within  forty-eight  hours  after  such 
sealing  is  done:  Provided,  that  any  such  clerk  may  appoint 
in  writing  some  officer  of  the  city  or  town  wherever  he  resides 


ELECTION    LAWS.  109 

to  SO  deliver  such  ballots  in  his  stead  in  case  of  his  sickness  or 
absolute  inability  to  deliver  them  in  person. 

Sec.  4.     (As  amended  by  Section   31,  Chai^ter  G40,  Public   Proceedings  in 

^  '  •-  '  case  of  an  aci- 

Laws.)     If  it  shall  appear,  by  the  count  of  the  state, returning-   ^on  be'Jause'of 

I  ijij  ij'ii  ic  L  failure  to  elect. 

board,  that  no  election  has  been  made  or  senator  or  any  one  or 
more  of  the  representatives  in  the  general  assembly',  in  any  city 
or  town  at  any  election  held  for  such  officers,  said  returning- 
board  shall,  immediately  after  such  count,  notify  the  mayor  of 
sucli  city  or  the  president  of  the  town  council  of  such  town,  of 
such  failure  to  elect,  and  if  the  failure  to  elect  be  of  senator,  the 
mayor  of  such  city  or  the  president  of  the  town  council  of  such 
town  shall,  immediately  after  such  notification,  issue  a  warrant 
to  the  moderator  of  the  town,  or  to  the  moderator  or  moderators 
of  the  representative-district  or  districts,  or  voting-district 
therein,  as  the  case  maj'  be;  and  if  the  failure  to  elect  be  of  one 
or  more  representatives,  to  the  moderator  of  the  town,  the 
moderator  or  moderators  of  the  representative-district  or  dis- 
tricts or  voting-districts  therein,  as  the  case  may  be,  directing 
the  election  to  proceed,  on  the  tenth  day  from  the  date  of  such 
warrant,  unless  such  day  be  a  legal  holiday,  in  which  case  it 
shall  direct  the  election  to  proceed  on  the  next  day  after  the 
tenth  day  not  a  legal  holiday,  for  the  officer  or  officers  for  which 
there  was  no  choice,  which  warrant  shall  be  served  on  the  day  of 
its  issue  by  the  city  or  town  sergeant  or  constable:  Provided, 
that  in  Westerly  and  Hopkinton  there  shall  be  no  election  held 
on  Saturdaj^  and  if  said  tenth  day  shall  fall  on  Saturday,  the 
election  in  those  toAvns  shall  proceed  on  the  Monday  next  follow- 
ing, unless  such  Monday  be  a  legal  holiday,  in  which  case  the 
election  in  these  towns  shall  proceed  on  the  next  following  day 
which  is  not  a  legal  holiday. 

Sec.  5.     Whenever  any  person  elected  a  senator  or  repre-  of  new  elec- 
tions to  fill  a 
sentative  in  the  general  assembly  shall  at  any  time  between  the  vacancy. 

^  ''  ''  18  R.  L  276. 

day  of  his  election  and  the  beginning  of  his  term  of  office  refuse   ^^  ^-  ^-  ^is- 
to  serve,  and  so  declare  to  the  clerk  of  the  city  or  town  for  which 


I 


110  ELECTION    LAWS. 

he  is  elected,  or  die,  become  insane,  remove  from  the  state,  or  be 
otherwise  incapacitated,  the  clerk  of  such  city  or  town  shall 
forthwith  issue  his  warrant  ordering  a  new  election  of  senator  or 
representative,  as  the  case  may  be,  to  be  held  in  the  city  of 
Providence  within  forty  days,  and  in  other  cities  and  towns 
within  thirty  days,  from  the  occurrence  of  such  refusal  or  in- 
capacity. Every  person  elected  pursuant  to  the  provisions  of 
this  section  shall  hold  his  office  for  the  full  term  or  for  the 
remainder  of  the  term,  as  the  case  may  be,  of  the  office  which  he 
is  elected  to  fill,  and  until  his  successor  is  elected  and  qualified. 

Same  subject.  g^c.  6.     Whenever  from  any  cause  a  vacancy  shall  occur  in 

the  representation  of  any  city  or  town  in  the  general  assembly 
while  the  general  assembly  is  in  session,  the  clerk  of  such  city  or 
town  shall  forthwith  issue  his  warrant  ordering  an  election  to 
fill  such  vacanc}'^  to  be  held  in  the  city  of  Providence  within 
forty  days,  and  in  other  cities  and  towns  within  thirty  days  from 
the  occurrence  thereof :  Provided,  than  if  the  general  assembly 
has  passed  or  shall  thereafter  pass  any  resolution  of  final 
adjournment  of  the  session  then  being  held  which  will  render  it 
impossible  for  a  person  elected  at  an  election  so  called  to  serve 
at  such  session,  such  election  shall  not  be  orderd,  or  if  ordered 
shall  not  be  held.  In  the  latter  case  such  clerk  shall  issue  his 
warrant  countermanding  such  election.  If  such  a  vacancy  shall 
occur  or  exist  at  any  time  when  the  general  assembly  is  not  in 
session  the  clerk  of  the  city  or  town  where  such  vacancy  exists 
shall,  if  ordered  by  the  board  of  aldermen  of  such  city  or  the 
town  council  of  such  town,  issue  his  warrant  ordering  an  elec- 
tion to  be  held  to  fill  such  vacancy  as  hereinafter  provided. 
Every  person  elected  pursuant  to  the  provisions  of  this  section 
shall  hold  his  office  for  the  remainder  of  the  term  which  he  is 
elected  to  fill  and  until  his  successor  is  elected  and  qualified. 

adjourned^*^eiec-       Sec.  7.     At  the  adjourncd  elections  provided  for  in  section 

tions  to  be  fur-       p  c     ^  '        ^ 

nished  by  secre-  four  of  this  chapter,  the  official  ballot  shall  contain  the  names  of 

tary  of  state. 

the  candidates  for  the  offices  for  which  there  was  no  choice  at 


ELECTION    LAWS.  Ill 

the  first  election,  and  shall  be  printed  and  supplied  by  the  secre- 
tary of  state:  Provided,  that  in  case  any  such  candidate  has 
died,  the  city  or  town  conmiittcc  of  the  party  to  which  he  be- 
longed may  substitute  the  name  of  some  other  person  as  a  can- 
didate and  such  name  shall  l)e  printed  upon  the  official  Ijallot, 
if  such  substitution  is  made  in  time  to  allow  it  to  be  so  printed. 
For  the  elections  provided  for  in  sections  five  and  six  of  this  li'a-o'ii-papers.'' 
chapter,  certificates  of  nomination  and  nomination-papers  may 
be  filed  ten  days  previous  to  the  date  of  such  elections. 

Sec.  8.     Every  mayor,  president  of  a  town  council,  or  town  penalty  for 

negloct  to  sea- 
clerk  who  shall  neglect  to  seasonably  issue  his  warrant  as  pro-   sonabiy  issue 

"  ''  ^  warrant. 

vidcd  in  this  chapter,  shall  be  fined  five  hundred  dollars. 

Sec.  9.     If  the  clerk  of  anv  elective  meeting  shall  neglect  or  Penalty  for  faii- 

ure  to  deliver 

refuse  to  deliver  to  the  state  returning-board  the  packages  of  I:*eu',rnlng-^'^*''' 
ballots  as  provided  in  section  three  of  this  chapter,  or  to  author- 
ize in  writing  some  officer  as  provided  therein  to  make  such 
delivery,  or  if  any  officer  so  authorized  shall  fail  to  make  such 
delivery  within  the  time  specified  therefor,  the  person  so  neglect- 
ing or  refusing  shall  be  fined  not  exceeding  five  hundred  dollars. 
Sec.  10.  (Repealed  by  Section  32,  Chapter  640,  Public 
Laws.) 

CHAPTER  16. 
Of  the  Election  of  Representatives  in  the  Congress  of  Pub.  Laws,  ch. 

838,  March  28, 

THE  United  States.  i'-^"1- 

Section  1.     (As  amended  by  Section  1,  Chapter  775,  Public   Throe  districts 

for  election  of 

Laws.)     The  state  shall  be  divided  into  three  districts  for  the  corigressmen 

'  and  who  votes 

election  of  representatives  in  the  congress  of  the  United  States,  ^^^'■•''°- 
to  be  called  respectively  the  first  congressional  district,  the 
second  congressional  district,  and  the  third  congressional 
district,  and  the  electors  residing  in  each  of  said  districts  who 
are  qualified  to  vote  for  general  officers  shall  be  entitled,  at  the 
times  and  places  and  in  the  manner  hereinafter  and  by  law  pro- 


I 


112  ELECTION   LAWS. 

videcl,  to  elect  a  representative  in  the  congress  of  the  United 
States  for  the  district  in  which  they  reside. 

hlw'^composeci.  ^EC.  2.  (As  amended  by  Section  2,  Chapter  775,  Pubhc 
Laws.)  The  first  district  shall  consist  and  be  composed  of  the 
territory  embraced  within  the  following  cities,  towns,  and 
representative- districts  of  the  city  of  Providence,  to  wit:  New- 
port, Middletown,  Portsmouth,  Tiverton,  Little  Compton, 
New  Shoreham,  Jamestown,  Barrington,  Warren,  Bristol,  East 
Providence,  and  the  first,  second,  third,  fourth,  fifteenth,  seven- 
teenth, eighteenth,  twenty-first,  twenty-second,  twenty-third, 
twenty-fourth,  and  twenty-fifth  representative-districts  of  the 
city  of  Providence. 

Second  district.  xhc  secoud  clistrict  shall  consist  and  be  composed  of  the 
territory  embraced  within  the  following  cities,  towns,  and  repre- 
sentative-districts of  the  city  of  Providence,  to  wit :  Warwick, 
East  Greenwich,  West  Greenwich,  Coventry,  Exeter,  North 
Kingstown,  South  Kingstown,  Hopkinton,  Richmond,  Charles- 
town,  Westerly,  Narragansett,  Foster,  Scituate,  Johnston, 
Cranston,  North  Providence,  and  the  seventh,  tenth,  eleventh, 
twelfth,  thirteenth,  fourteenth,  sixteenth,  nineteenth,  and 
twentieth  representative  districts  of  the  city  of  Providence. 

Third  district.  Tlic  third  district  shall  consist  and  be  composed  of  the  terri- 
tory embraced  within  the  following  cities,  towns,  and  repre- 
sentative districts  of  the  city  of  Providence,  to  wit:  Burrill- 
ville,  Glocester,  North  Smithfield,  Woonsocket,  Smithfield, 
Cumberland,  Lincoln,  Central  Falls,  Pawtucket,  and  the  fifth, 
sixth,  eighth,  and  ninth  representative  districts  of  the  city  of 
Providence. 

hdiden"*"'  '^''''"  ^^^-  ^-  '^^^^  election  of  representatives  in  congress  shall  be 
holden  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber in  the  year  one  thousand  nine  hundred  and  eight,  and  on 
the  Tuesday  next  after  the  first  Monday  in  November  in  every 
second  year  thereafter. 


ELECTION    LAWS.  113 


Sec.  4.     In  all  elections  of  representatives  in  congress  the   Ph.raiityto 
voting  shall  be  by  ballot,  and  the  person  or  candidate  receiving 
the  largest  number  of  votes  shall  be  declared  elected. 

Sec.  5.     The  ballots  given  in  at  any  election  for  representa-  Ballots  cast  to 

be  delivered  to 

tives  in  congress,  after  having  been  counted  and  declared  in  open   f,',g!bo^rd'"'^' 

meeting  by  the  moderators  or  wardens  and  clerks,  shall  be  sealed 

up  and  certified  in  the  manner  provided  by  law  and  be  delivered 

in  person,  by  the  respective  clerks  of  the  meetings  where  they 

were  given  in,  to  the  state  returning-board  within  forty-eight 

hours  after  such  sealing  is  done:     Provided,  that  any  such  clerk 

may  appoint  in  writing  some  officer  of  the  town  or  city  where  he 

resides  to  deliver  said  ballots  in  his  stead  in  case  of  his  sickness 

or  absolute  inability  to  deliver  them  in  person. 

Sec.  6.     The  state  returning-board  shall  count  and  tabulate   Duties  of  state 
all  such  ballots  and  declare  the  result  thereof  in  the  mamier   boa™"^' 
provided  by  law,  and  shall  give  certificates  of  their  election  to  the 
persons  sho^^^l  to  have  been  elected. 

Sec.  7.  In  case  no  person  shall  receive  a  plurality  of  the  New  elections. 
votes  cast  in  either  district  at  any  such  election,  a  new  election 
shall  be  held  in  such  district  in  the  fourth  Tuesday  after  the 
holding  of  the  election  at  which  there  was  no  choice.  For  such 
election,  any  new  certificates  of  nomination  or  nomination-  tious°'^°'^' 
papers  shall  be  filed  ten  days  previous  to  the  date  of  such  elec- 
tion. 

Sec.  8.     Whenever  any  person  elected  a  representative  in   in  case  of  va- 
cancy new  elec- 

congress  from  either  district  shall  at  any  time  between  the  day   ^^oj^  to  be 

"  ^  ./      ordered  by 

of  his  election  and  the  beginning  of  his  term  of  office  refuse  to  governor. 
serve  and  so  declare  to  the  secretary  of  state,  or  die,  become 
insane,  remove  from  the  state,  or  be  otherwise  incapacitated, 
or  Avhenever  a  vacancy  shall  happen  in  the  representation  of  this 
state  in  congress  as  contemplated  in  the  second  section  of  the 
first  article  of  the  constitution  of  the  United  States,  the  gov- 
ernor shall  forthwith  issue  his  writ  of  election  directed  to  the 
several  city  and  town  clerks,  ordering  a  new  election  of  repre- 

15 


114 


ELECTION   LAWS. 


sentatives  in  congress  to  be  held  in  such  district  or  an  election 
to  be  held  to  fill  such  vacancy,  as  the  circumstances  shall  re- 
quire, at  as  early  a  date,  to  be  stated  in  said  writ,  as  will  admit 
of  compliance  with  the  provisions  of  law  in  relation  to  such 
elections.  No  elections  provided  for  by  this  section  shall  be 
held  on  Saturday. 


11  R.  I.  638. 
Pub.  Laws,  Ch. 
827,  March  12, 
1901. 


CHAPTER  17. 

Of  the  Election  of  Electors  of  President  and  Vice- 
President  OF  THE  United  States. 


Presidential 
electors,  who 
may  vote  for. 
19  R.  I.  616. 


Election  of, 
when  to  be 
holden. 


Ballots,  how 
sealed  up,  cer- 
tified, and  re- 
turned. 


Names  of  can- 
didates to  be 
numbered  upon 
ballots. 


Section  1.  The  people  of  this  state  qualified  by  law  to  vote 
for  general  officers  shall  elect  by  ballot  so  many  electors  of 
president  and  vice-president  of  the  United  States  as  the  state 
is  or  shall  be  entitled  to,  at  town,  ward,  and  district  meetings, 
on  the  Tuesday  next  after  the  first  Monday  in  November  in 
every  fourth  year,  commencing  A.  D.  nineteen  hundred  eight; 
and  the  several  candidates  having  a  plurality  of  the  legal  votes 
given  in  at  such  election  shall  be  electors. 

Sec.  2.  The  ballots  given  in  at  such  election,  after  having 
been  counted  and  declared  in  open  meeting  by  the  moderators 
or  wardens  and  clerks,  shall  be  sealed  up  and  certified  in  the 
manner  provided  by  law  and  be  delivered  in  person,  by  the 
respective  clerks  of  the  meetings  where  they  were  given  in,  to 
the  state  returning-board  within  forty-eight  hours  after  such 
sealing  is  done :  Provided,  that  any  such  clerk  may  appoint,  in 
writing,  some  officer  of  the  town  or  city  where  he  resides  to 
deliver  said  ballots  in  his  stead  in  case  of  his  sickness  or  absolute 
inability  to  deliver  them  in  person. 

Sec.  3.  The  names  of  the  persons  voted  for  as  electors  shall 
be  numbered  upon  the  ballots,  and  in  counting  the  ballots  cast 
for  them  the  places  numbered  shall  be  considered  separate 
places. 


ELECTION   LAWS.  115 

Sec.  4.     The  state  returning-board  shall  count  and  tabulate  ^aUb°aiio't9*°^ 
all  such  ballots  and  declare  the  result  thereof  m  the  manner 
provided  by  law,  and  shall  give  certificates  of  their  election  to 
the  persons  shown  to  have  been  elected. 

Sec.  5.     If   such   count,    tabulation   and   declaration   shall   if  no  election, 

vacancy,  how 

show  that  there  has  been  no  election  of  any  one  or  more  of  the  ^^'^•^■ 
electors  to  which  the  state  is  or  shall  be  entitled,  the  general 
assembly  at  its  session  commencing  on  the  first  Tuesday  in 
January  next  succeeding  shall  elect  so  many  electors  in  grand 
committee  as  may  be  necessary  to  complete  the  number  to 
which  the  state  is  or  shall  be  entitled,  and  the  secretary  of  state 
shall  give  certificates  of  their  election  to  the  persons  so  elected. 

Sec.  6.     Electors  elected  pursuant  to  this  chapter  shall  meet  Electors  chosen 

where  to  meet 

in  the  state  house  in  the  city  of  Providence  on  the  second  Mon-  ^^"^  ^°*®- 
day  in  January  in  the  year  nineteen  hundred  nine  and  in  every 
fourth  year  thereafter,  and  there  vote  for  a  president  and  vice- 
president  of  the  United  States  agreeably  to  the  laws  of  the 
United  States. 

Sec.  7.     If  any  elector  elected  as  hereinbefore  provided  in  vacanciea  oc- 
curring after  an 
this  chapter  shall  decline  his  office  or  from  any  cause  not  be  election,  to  be 

^  -^  filled,  how. 

present  at  four  o'clock  in  the  afternoon  of  the  day  and  at  the 
place  where  it  is  provided  by  law  that  such  electors  shall  meet 
and  vote  for  a  president  and  vice-president  of  the  United  States, 
or  if  at  that  time  the  general  assembly  shall  not  have  elected 
any  elector  or  electors  required  to  be  elected  by  it  by  the  pro- 
visions of  section  five  of  this  chapter,  the  elector  or  electors  at 
that  time  elected  according  to  the  provisions  of  this  chapter  and 
present  at  such  time  and  place  shall  elect  such  number  of  elec- 
tors as  may  be  required  to  complete  the  number  of  electors  to 
which  the  state  is  or  at  that  time  shall  be  entitled,  and  shall 
immediately,  upon  the  same  day,  file  a  certificate  of  the  elec- 
tion of  the  electors  so  elected  by  him  or  them  in  the  office  of  the 
secretary  of  state,  which  certificate  shall  also  state  the  reasons 
for  such  election. 


116  ELECTION   LAWS. 

Governorand  gj,^.^  g_     j^  gj^g^jj  j^g  ^j^g  (j^^y  gf  ^j^g  governor  aiicl  the  secre- 

sent'^at  state-'  tary  of  statc  to  be  present  at  the  state  house  in  Providence,  on 

meeting  of  eiec-  the  day  of  the  meeting  of  said  electors,  to  make  and  furnish  to 


tors 


the  electors  any  certificates  required  by  the  laws  of  the  United 
States  to  be  forwarded  to  the  seat  of  govermnent  with  the  votes 
of  said  electors  which  are  made  necessary  by  any  election  made 
puisuant  to  the  provisions  of  section  seven  of  this  chapter. 

Pub.  Laws,  Ch.  CHAPTER    18. 

834,  March  26, 
1901. 

Of  Voting  Upon  Proposition.s  of  Amendment  of  the  Con- 
stitution, AND  Upon  Questions  Submitted  to  the  Elec- 
tors of  the  State. 

Ofvotingupon        Section  1.     Whenever  any  proposition  of  amendment  of  the 

propositions 

the  Electors."  constitutioii  or  any  question  is  submitted  to  the  electors  of  the 
state,  it  shall  be  voted  upon  by  ballot  at  the  time  provided  in 
the  act  submitting  the  same  at  town,  ward,  and  district  meet- 
ings. 

Of  voting  upon        Sec.  2.     The  secretary  of  state,  in  preparing  such  proposed 

propositions  •  c  •      •  i      n     T 

submitted  to       amendment  or  question  for  submission  to  the  electors,  shall,  it 

the  elector.s. 

Pub.  Laws         candidates  for  office  are  to  be  voted  for  at  the  same  time,  print 

1229,  April  20, 

^^^-  such  proposition  of  amendment  or  question  after  or  beneath  the 

lists  of  candidates  upon  the  official  ballot. 
BaUotscast  Sec.  3.     The  ballots  given  in  for   and   against   any  such 

upon  proposi- 

seated ^up'^'^cer-    propositiou  of  amendment  or  question,  after  having  been  count- 
u'vlred'to  state  cd  and  declared  in  open  meeting  by  the  moderators  or  wardens 

returning- 

board.  and  clcrks  of  such  meetings,  shall  be  sealed  up  and  certified  in 

the  manner  provided  by  law  and  be  delivered  in  person,  by  the 
respective  clerks  of  the  meetings  where  they  were  given  in,  to 
the  state  returning-board  within  forty-eight  hours  after  such 
sealing  is  done:  Provided,  that  any  such  clerk  may  appoint  in 
writing  some  officer  of  the  town  or  city  where  he  resides  to  so 
deliver  such  ballots  in  his  stead  in  case  of  his  sickness  or  absolute 
inability  to  deliver  them  in  person. 


ELECTION  LAWS.  117 

Sec.  4.     The  state  returning-board  shall  count  and  tabulate  fng.boa^rd"to' 
all  such  ballots  and  shall  declare  the  result  thereof  in  the  manner  [otsr  tabulate" 

,  .  the  same,  and 

provided  by  law,  and  such  declaration  shall  be  a  sufficient  notice  declare  the  re- 
to  all  officers,  and  other  persons  interested,  of  the  adoption  or 
the  rejection  of  any  amendment  of  the  constitution  or  of  the 
manner  in  which  any  question  submitted  to  the  electors  of  the 
state  has  been  decided. 


CHAPTER  19.  Pub.  Laws.  ch. 

825,  March  6, 
1901. 

Of  the  State  Returning-Board  and  Defining  its  Duties.   -^  ^-  ^-  ^'^'^■ 
Section  1.     There  shall  be  a  state  returning-board  consisting  state  retum- 

ing-board,  how 

of  five  members.  At  the  January  session  of  the  general  as-  constituted. 
sembly  in  each  year,  the  governor,  with  the  advice  and  consent 
of  the  senate,  shall  appoint  one  member  of  said  board  to  hold 
office  until  the  first  day  of  February  in  the  fifth  year  after  his 
appointment  to  succeed  the  member  of  said  board  whose  term 
will  next  expire.  Any  vacancy  which  may  occur  in  said  board 
when  the  senate  is  not  in  session  shall  be  filled  by  the  governor 
until  the  next  session  thereof,  when  he  shall,  with  the  advice 
and  consent  of  the  senate,  appoint  some  person  to  fill  such 
vacancy  for  the  remainder  of  the  term.  The  members  of  said 
board  shall  not  all  be  of  the  same  political  party.  Said  board 
shall  elect  one  of  its  members  as  chairman  to  preside  at  its 
meetings,  and  in  his  absence  shall  elect  some  member  as  chair- 
man pro  tern. 

Sec.  2.     The  ballots  cast  for  electors  of  president  and  vice-  Ballots  cast  for 
president  of  the  United  States,  representatives  in  congress,   etc.,  mentioned 

in  Section  1,  to 

general  officers,  and  senators  and  representatives  in  the  general   sfat°""efu'j.ni^g. 
assembly,  and  for  and  against  any  proposed  amendment  of  the  p"'^^'"  ^^^^^ 
constitution  of  the  state,  or  any  question  submitted  to  the  elec-   ip^ni  fo^ioos. 
tors  of  the  state,  shall  be  counted  and  tabulated  by  said  board. 
Sec.  3.     Said  board  shall  commence  the  counting  and  tabu- 
lating of  such  ballots  within  twenty-four  hours  after  their 


118 


ELECTION   LAWS. 


Counting  of 
ballots,  when  to 
begin. 
Pub.  Laws, 
1229,  Sec.  14, 
April   26,   1905. 


Certificates   to 
be  furnished 
candidates 
elected. 


Tabulated 
statement  of 
votes  cast  to  be 
filed  in  office  of 
secretary  of 
state. 

Pub.  Laws, 
1229,  Sec.  15, 
April  26,  1905. 


reception  or  the  reception  of  any  of  them,  and  shall  continue 
and  complete  the  same  with  all  reasonable  expedition.  When 
the  result  thereof  has  been  ascertained,  said  board  shall  declare 
the  same  by  publishing  in  at  least  one  newspaper  in  each  of  the 
cities  of  Providence,  Pawtucket,  Newport,  Woonsocket,  and 
Central  Falls,  and  in  each  of  the  towns  of  Bristol,  East  Green- 
wich, Warwick,  Westerly,  South  Kingstown,  and  Burrillville, 
or  in  each  of  said  cities  and  town  in  which  a  newspaper  is 
published,  a  statement  of  the  names  of  the  persons  elected; 
the  total  number  of  ballots  cast  for  each  candidate  except 
candidates  for  senator  and  representative  in  the  general  as- 
sembly ;  the  number  of  votes  cast  for  and  against  any  such  pro- 
posed amendment  or  question;  whether  such  proposed  amend- 
ment has  or  has  not  been  adopted  or  such  question  has  or  has 
not  been  assented  to  by  the  electors  of  the  state ;  and,  if  such  be 
the  case,  the  office  or  offices  for  which  no  person  received  a 
plurality  of  the  votes  cast  therefor. 

Sec.  4.  Said  board  shall  forthwith,  after  such  result  has  been 
ascertained,  furnish  to  each  candidate  elected  a  certificate  of 
his  election,  and  shall  deliver  to  the  secretary  of  state,  who  shall 
keep  the  same  on  ffie  in  his  office,  a  statement  of  the  number  of 
ballots  cast  in  each  voting-district,  ward,  town,  and  city  for 
each  candidate ;  the  total  number  cast  in  the  state  for  each  of  the 
candidates  for  electors  and  for  general  officers;  the  total  number 
cast  in  each  congressional  district  for  each  candidate  for  repre- 
sentative in  congress;  the  total  number  cast  in  each  city  or  town 
for  each  candidate  for  senator  and  representative  in  the  general 
assembly;  the  number  of  votes  cast  in  each  voting-district, 
ward,  town,  and  city  for  and  against  any  proposed  amendment 
of  the  constitution,  or  question  submitted  to  the  electors  of  the 
state;  the  total  number  of  votes  cast  in  the  state  for  and  against 
any  such  proposed  amendment  or  question;  the  names  of  the 
respective  candidates  elected  and  the  offices  to  which  they  have 
been  respectively  elected;  whether  or  not  any  such  proposed 


ELECTION    LAWS.  119 

amendment  has  been  adopted,  and  whether  or  not  any  sucli 
question  has  \wvn  assented  to  by  the  electors  of  the  state. 
Such  certificates  and  statement  shall  be  signed  by  said  board 
and  shall  be  final  and  conclusive  evidence  of  the  matters  in  them 
contained  and  of  the  title  of  the  persons  declared  elected  to  the 
offices  for  which  they  have  severally  received  certificates  of 
election. 

Sec.  5.     The  sessions  of  said  board  for  the  countina;  and  tabu-   Sessions  of  said 

^  board. 

lating  provided  for  in  section  three  of  this  chapter  shall  be  public, 
but  no  notice  or  advertisement  thereof  need  be  given.  Such 
counting  and  taljulating  shall  be  done  within  a  railed  space  in 
the  room  in  which  such  counting  and  tabulating  takes  place,  and 
said  board  shall  admit  within  such  railed  space  the  candidate, 
or  at  least  one  representative  of  the  candidate,  for  whom  ballots   of  the  scrutiny 

^  '  of  the  count  ot 

are  at  the  time  being  counted,  who  may  scrutinize  the  count  in  ^^^°^^- 
accordance  with  the  rules  which  may  be  adopted  by  said  board. 
When  the  counting  and  tabulating  of  the  votes  for  and  against 
any  proposed  amendment  of  the  constitution  or  for  and  against 
any  question  submitted  to  the  electors  of  the  state  is  taking 
place,  said  board  shall  admit  within  such  railed  space  at  least 
two  republicans  and  two  democrats,  with  like  privileges  as  pro- 
vided herein  for  candidates  and  their  representatives.  Such 
representatives  shall  be  authorized  in  writing  by  the  candidates 
whom  they  severally  represent,  and  each  of  such  republicans 
and  democrats  shall  be  authorized  in  writing  by  the  chairman  of 
the  state  central  committee  of  the  political  party  to  which  he 
belongs.  The  provisions  of  this  section  shall  not  be  construed 
to  prevent  said  board  from  admitting,  in  their  discretion,  otlier 
persons  within  said  railed  space  during  such  counting  and 
tabulating. 
Sec.  6.     At  the  sessions  of  said  board  for  counting  and  tabu-   i",',""^*'"? 

'='  ballots,  only 

lating  provided  for  by  this  chapter,  only  the  package  containing   Crun^seaf^l  at 
the  ballots  from  one  voting-district  shall  be  unsealed  at  one  time,    Pub.'Laws, 

1229,  Sec.  16, 

and  the  counting,  tabulating,  and  resealing  thereof  provided  for   ^prii  26. 1905. 


120 


ELECTION    LAWS 


Deputy-sheriffs 
to  be  in  attend- 
ance at  meet- 
ings of  said 
board. 


Certificate  of 
names  of  gen- 
eral officers 
elected  to  be 
sent  to  gover- 
nor. 


Names  of  mem- 
bers of  general 
assembly  elect- 
ed to  be  sent  to 
secretary  of 
state. 

Pub.  Laws, 
1229,  Sec.  17, 
April  26,  1905. 


in  section  eleven  of  this  chapter  shall  be  completed  before  the 
counting  and  tabulating  of  those  from  another  voting-district 
is  commenced,  In  case  it  becomes  necessary  for  said  board  to 
take  a  recess  or  adjournment  during  the  counting  and  tabulating 
of  the  ballots  from  any  voting-district,  such  ballots  shall  be 
placed  in  a  package  and  sealed  by  affixing  to  such  package 
adhesive  labels  sufficient  in  number  to  prevent  the  abstraction 
of  any  ballots  from  or  the  adding  of  any  ballots  to  the  contents  of 
such  package,  and  at  least  two  members  of  said  board  shall  affix 
their  signatures  in  ink  to  each  of  said  labels.  If  both  of  the  said 
members  are  of  the  same  political  party,  said  board  shall  also 
allow  some  person  of  another  political  party  to  affix  his  signature 
in  ink  to  each  of  said  labels. 

Sec.  7.  The  sheriff  of  Providence  county  shall  assign  so 
many  of  his  deputies  as  said  board  may  request  to  attend  upon 
said  board  during  its  session,  to  preserve  order  thereat.  The 
orders  of  the  presiding  officer  of  said  board  at  such  meetings  shall 
be  obeyed  by  said  deputies,  and  they  shall  remove  from  the 
room  where  any  such  session  is  being  held  any  person,  not  a 
member  of  said  board,  designated  by  him.  Any  person  who  shall 
disturb  or  interfere  with  the  proceedings  of  any  such  session  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not  ex- 
ceeding three  hundred  dollars  or  imprisoned  not  exceeding 
three  months,  or  both,  in  the  discretion  of  the  court. 

Sec.  8.  Said  board  shall,  immediately  after  completing  the 
counting  and  tabulating  of  the  ballots  cast  for  general  officers 
and  senators  and  representatives  in  the  general  assembly  and 
declaring  the  result  thereof,  furnish  the  governor  a  certificate  of 
the  names  of  the  persons  who  have  been  elected  general  officers 
for  the  ensuing  year,  and  shall  also  furnish  to  the  secretary  of 
state  a  certificate  of  the  names  of  the  persons  elected  as  senators 
and  representatives  in  the  general  assembly.  Whenever  the 
count  and  tabulation  of  said  board  shall  show  that  there  has  been 
a  failure  to  elect  a  senator  or  representative  or  any  of  them  in 


ELECTION    LAWS.  121 

any  town  or  city,  said  board  ishall  forthwith  certify  the  fact  to 
the  secretary  of  state,  specifj-ing  whicli  of  such  officers  were  not 
elected. 

Sec.  9.     In  case  the  ballots,  or  any  of  them,  from  any  town,   in  case  ballots 

are  lost  or  de- 

ward,  or  district  meeting  are  lost  or  destroyed,  said  board  may  stroycd  the  re- 

'  °  ''        '  -J      cord  contained 

use  the  record  of  ballots  cast  at  such  meeting,  contained  in  the  regulred'byTaw 

record-book  provided  by  law  to  be  kept  by  the  moderator  or  betaken.  ' 

warden  and  clerk  thereof,  in  the  same  manner  and  with  the 

same  effect  as  it  might  have  used  such  lost  or  destroyed  ballots, 

and  it  may  require  the  delivery  to  it  of  such  record-book,  for 

that  purpose,  by  the  officer  having  the  custody  thereof.     In  case 

any  package  containing  ballots  which  it  is  the  duty  of  said  board  Broken  pack- 
ages of  ballots. 

to  count  antl  tabulate  is  delivered  to  it  with  any  of  the  seals 
thereof  broken,  or  in  condition  to  indicate  that  such  package  has 
been  opened  since  being  sealed  as  provided  by  law,  said  board,  if 
convinced  upon  investigation  that  such  package  does  not  contain 
all  the  ballots,  and  no  others,  cast,  at  the  meeting  where  it  was 
sealed,  for  the  class  of  officers,  propositions  or  questions  named 
in  the  endorsement  upon  such  package,  may  so  use  such  record 
or  may  use  in  its  count  and  tabulation,  as  the  result  of  the  voting 
at  such  meeting,  such  number  of  votes  for  the  respective  can- 
didates or  for  and  against  the  propositions  or  questions  voted 
for  or  on  thereat  as  such  investigation  in  its  opinion  proves  to 
be  correct. 

Sec.  10.  In  case  the  return  made  to  the  said  board  by  the  ^j'l^^^f^on^g^'^on! 
supervisors  of  election,  or  any  of  them,  of  any  town,  ward,  or  supe'rti'sors' 
district  meeting  shall  contain  any  statement  which  makes  it 
desirable  or  proper,  in  the  opinion  of  said  board,  to  investigate 
the  conduct  of  the  election  thereat,  said  board  may  investigate 
the  truth  of  the  allegations  contained  in  such  supervisors' 
returns,  and  of  all  the  circumstances  connected  with  the  holding 
of  such  election,  and  shall  use  in  their  count  and  tabulation,  as 
the  result  of  the  voting  at  such  meeting,  such  number  of  votes 
for  the  respective  candidates  and  for  and  against  the  proposi- 


t 


122 


ELECTION   LAWS. 


llpon  com- 
pletion of  count 
of  every  pack- 
age of  ballots, 
same  to  be 
sealed  up  im- 
mediately. 


Manner  of  seal- 
ing up  packages 
of  ballots. 
Pub.  Laws, 
1229,  Sec.  18, 
April  26,  1905. 


Endorsement  of 
packages  so 
sealed. 


To  keep  sepa- 
rate books  of 
record  of  bal- 
lots cast. 


tions  or  questions  voted  for  or  on  thereat  as  such  investigation, 
in  their  opinion,  proves  to  be  correct. 

Sec.  11.  When  the  counting  and  tabulating  of  the  ballots 
cast  at  any  one  voting-place  or  voting-district  provided  for  in 
this  chapter  has  been  completed,  such  ballots,  together  with  the 
moderators'  or  wardens',  clerks'  and  supervisors'  returns  per-  „ 
taining  to  the  same,  shall  be  again  sealed  up  before  the  counting 
and  tabulating  of  those  from  another  voting-district  is  com- 
menced, and  said  board  shall  not  take  any  recess  or  adjourn- 
ment while  any  of  said  ballots  are  unsealed.  The  sealing  herein 
provided  for  shall  be  done  by  affixing  to  tlie  packages  contain- 
ing said  ballots  adhesive  labels  sufficient  in  number  to  prevent 
the  abstraction  of  any  ballots  from  or  the  adding  of  any  ballots 
to  the  contents  of  such  packages,  and  the  presiding  officer  and 
secretary  of  said  board  shall  affix  their  signatures  in  ink  to 
each  of  said  labels.  Whenever  both  of  the  officers  whose  duty 
it  is  to  sign  such  labels  are  of  tlie  same  political  party,  they  shall 
allow  some  elector  of  another  political  party  to  affix  his  signature 
in  ink  to  all  of  such  labels.  Each  package  so  sealed  shall  be 
endorsed  by  the  secretary  of  said  board  with  the  name  of  the 
town  or  city  and  the  number  of  the  ward  or  voting-district 
where,  and  the  date  of  the  election  at  which,  such  ballots  were 
given  in.  Thereafter  no  such  sealed  package  shall,  upon  any 
pretence  whatever,  be  re-opened  by  any  person  except  upon 
order  of  the  general  assembly;  but  shall  be  held  by  said  board 
subject  to  such  order  until  the  first  day  of  January  in  the  second 
year  after  such  ballots  were  cast,  when  they  may  be  destroyed. 

Sec.  12.  Said  board  shall  keep  separate  books  of  record  of 
the  ballots  cast  for  the  different  classes  of  officers  which  it  is  its 
duty  to  count  and  tabulate,  that  is  to  say :  a  book  of  record  of 
])allots  cast  for  electors  of  president  and  vice-president;  a  book 
of  record  of  ballots  cast  for  representatives  in  congress;  a  book 
of  record  of  ballots  cast  for  general  officers ;  and  in  like  manner  a 
book  of  record  of  the  ballots  cast  for  each  class  of  officers  which 


ELECTION    LAWS.  123 

nia3'  by  law  hereafter  be  required  to  be  counted  and  tabulated 
by  said  board.  Each  of  said  books  respectively  shall  contain  a 
record  of  the  number  of  ballots  cast  in  each  voting-district  for 
each  candidate  according  to  the  counting  and  tabulating  of  said 
board;  the  number  cast  in  each  voting-district  for  each  candidate 
according  to  the  certificates  of  the  moderators  or  wardens  and 
clerks;  the  total  number  cast  for  each  candidate  in  each  ward, 
town,  and  city  according  to  such  counting  and  to  such  certifi- 
cates; the  total  number  cast  for  each  candidate  in  the  state  or 
congressional  district,  as  the  case  may  be,  according  to  such 
counting  and  to  such  certificates;  a  statement  of  which  candi- 
dates are  elected;  and  such  other  pertinent  facts  as  said  board 
may  deem  proper.  Said  board  shall  also  keep  a  book  of  record 
of  the  votes  cast  for  and  against  any  proposition  of  amendment 
of  the  constitution  and  a  book  of  record  of  the  votes  cast  for 
and  against  all  questions  submitted  to  the  electors  of  the  state, 
with  like  detail  as  provided  herein  in  relation  to  ballots  cast  for 
officers. 

Sec.  13.     Said  board  shall  have  an  office  in  the  state  house,   0^?^  and 

'     sessions. 

and  its  sessions  for  counting  and  tabulating  shall  be  held  in  such 
office,  except  when,  in  the  opinion  of  said  board,  public  interest 
requires  that  they  be  held  in  some  more  commodious  room  in 
said  building. 

Sec.  14.     Said  board  shall  have  a  seal,  and  shall  cause  the  To  have  a  seal. 
same  to  be  affixed  to  all  certificates  and  statements  issued  by  it. 

Sec.  15.  Said  board  may  purchase  for  its  use  all  books,  supplies,  etc 
stationery,  office  fixtures,  counting-machines,  and  other  articles 
necessary  or  convenient  for  its  use  in  the  discharge  of  the  duties 
imposed  upon  it  by  law,  and  may  incur  all  expenses  incident 
thereto ;  and  the  state  auditor  is  hereby  authorized  and  directed 
to  draw  his  order  upon  the  general  treasurer  in  payment  there- 
for, and  for  the  salaries  and  clerical  assistance  provided  for  in 
this  chapter,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  upon  receipt  of  vouchers  approved  by  said  board. 


[ 


124 


ELECTION   LAWS. 


May  employ  a, 
secretary  and 
clerical  assist- 


Compensation 
of  board. 


To  be  engaged 
to  faithful  per- 
formance of 
duties. 


May  administer 
oaths,  summon 
witnesses,   and 
compel  produc- 
tion of  papers, 
books,  etc. 


Sec.  16.  Said  board  may  employ  a  secretary  at  an  annual 
salary  of  one  thousand  dollars,  and  may  employ  such  other 
clerical  assistance  as  may  be  necessary  to  enable  it  to  seasonably 
complete  its  work,  at  an  expense  not  exceeding  eight  hundred 
dollars  per  annum. 

Sec.  17.  The  members  of  said  board  shall  each  receive  an 
annual  salary  of  five  hundred  dollars,  and  the  sum  of  forty-three 
hundred  dollars  is  hereby  appropriated  for  the  payment  of  such 
salaries  and  the  salary  of  the  secretary  of  said  board  and  for 
clerical  assistance. 

Sec.  18.  The  members,  secretary,  and  assistants  of  said 
board  shall  be  sworn  to  the  faithful  and  impartial  performance 
of  their  duties,  and  any  such  member,  secretary,  or  assistant 
who  shall  willfully  neglect  to  perform  the  duties  by  this  chapter 
devolved  upon  him  at  the  time  herein  provided,  or  who  shall 
make  any  fraudulent  count,  tabulation,  certificate,  or  statement, 
or  in  any  way  willfully  so  perform  his  duties  as  to  defeat  the 
obtaining  of  a  correct  count  and  tabulation  of  the  ballots  com- 
mitted to  said  board,  shall  be  fined  not  exceeding  three  thousand 
dollars  or  imprisoned  not  exceeding  three  years,  or  both,  in  the 
discretion  of  the  court. 

Sec.  19.  The  members  of  said  board  are  hereby  severally 
authorized  to  administer  oaths,  and  said  board,  in  all  cases  of 
every  nature  pending  before  it,  is  hereby  authorized  and  em- 
powered to  summon  witnesses  by  subpoena  signed  by  the  secre- 
tary of  said  board  and  to  compel  such  witnesses  to  attend  and 
testify  in  the  same  manner  as  witnesses  are  compelled  to  appear, 
and  testify  in  any  court,  and  said  board  is  authorized  to  compel 
the  production  of  all  papers,  books,  documents,  records,  cer- 
tificates, or  other  legal  evidence  that  may  be  necessary  or  proper 
for  the  determination  and  decision  of  any  question  or  the  dis- 
charge of  any  duty  required  by  law  of  said  board,  by  issuing  a 
subpoena  duces  tecum  signed  by  its  secretary;  and  every  person 
disobeying  any  such  writ  shall  be  considered  as  in  contempt, 


ELECTION   LAWS.  125 

and  said  board  may  punish  any  contempt  of  its  authority  in 
Hke  manner  as  contempt  may  be  punished  by  any  court.  Any 
person  who  shall  willfully  swear  falsely  in  any  proceeding,  mat- 
ter, or  hearing  before  said  board  shall  be  deemed  guilty  of  the 
crime  of  perjury. 

Sec.  20.     Wherever  in  this  chapter  it  is  provided  that  any   Majority  of 

board  may  act 

act  shall  be  done  by  said  board,  it  may  be  lawfully  done  l)y  a  lawfully. 
majority  thereof. 

CHAPTER   20.  Gen.  Laws, 

1896,  Ch.  14. 

General  Provisons  Concerning  Elections. 

Section  1.     All  persons  entitled  to  vote  shall  be  protected  voters  arc  ex- 
empted from 
from  arrest  in  civil  cases,  on  the  clays  of  election  for  city  or  a^pt-  sten. 

'  "^  ''  2  R.  I.  7o. 

tovn\  officers,  and  for  state  officers,  representatives  in  congress, 
and  electors  of  president  and  vice-president  of  the  United 
States;  and  on  the  day  preceding  and  day  following  such  election. 

Sec.  2.  (As  amended  by  Section  33,  Chapter  640,  Public  f^f^^'.^'^f^^^J^ 
Laws.)  Every  person  who  in  any  election  shall  fraudulently  tempfingto' 
vote  or  attempt  to  vote,  not  being  qualified,  notwithstanding 
his  name  may  be  on  the  voting-list  at  the  polling-place  where  he 
shall  vote  or  attempt  to  vote;  or  who  shall  vote  or  attempt  to 
vote  in  the  name  of  some  other  person,  whether  such  name  is 
that  of  a  person  living  or  dead,  or  of  a  fictitious  person;  or  having 
voted  in  one  town,  ward,  representative-district,  or  voting- 
district,  whether  his  vote  in  such  case  was  legal  or  not,  shall 
vote  or  attempt  to  vote  in  the  same  or  in  another  town,  ward, 
representative-district,  or  voting-district,  or  who  shall  fraudu- 
lently vote  or  attempt  to  vote  in  a  town,  ward,  representative- 
district,  or  voting-district  other  than  in  the  town,  ward,  repre- 
sentative-district, or  voting-district  wherein  he  has  his  resi- 
dence and  home  at  the  time  of  his  voting  or  attempting  to 
vote,  or  who  shall  aid,  counsel,  or  procure  any  other  person 
to  so  vote  or  attempt  to  vote,  shall  be  punished  by  a  fine  of 


126 


ELECTION    LAWS. 


Penalty  for 
bribing  or  in- 
timidating 
voters. 
Pub.  Laws, 
1428,  April  5, 
1907. 


Limitation  of 
prosecutions; 
complainant, 
how  paid. 


not  less  than  five  hundred  dollars  nor  more  than  one  thou- 
sand dollars,  or  by  imprisonment  not  less  than  six  months 
nor  more  than  two  years,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court,  and  no  person  after  con- 
viction of  such  offence  shall  be  permitted  to  vote  in  any  elec- 
tion or  upon  any  proposition  pending  before  the  people,  or 
to  hold  any  public  office.  Voting,  for  the  purposes  of  this 
chapter,  shall  consist  in  the  depositing,  or  offering  for  deposit, 
a  ballot,  whether  such  ballot  has  been  marked  or  not;  except  in 
eases  where  voting-machines  are  used,  and  then  shall  consist 
in  entering  the  booth  of  a  voting-machine  or  recording  or 
offering  to  record  a  vote. 

Sec.  3.  Every  person  who  shall  directly  or  indirectly  give, 
or  offer,  or  agree  to  give  to  any  elector  or  to  any  person  for  the 
benefit  of  any  elector,  any  sum  of  money  or  other  valuable 
consideration  for  the  purpose  of  inducing  such  elector  to  give 
in  or  withhold  his  vote  at  any  election  in  this  state,  or  by  way 
or  reward  for  having  voted  or  withheld  his  vote,  or  who  shall 
use  any  threat  or  employ  any  means  of  intimidation  for  the 
purpose  of  influencing  such  elector  to  vote  or  withhold  his  vote 
for  or  against  any  candidate  or  candidates  or  proposition 
pending  at  such  election,  shall  be  punished  by  a  fine  of  not  less 
than  five  hundred  dollars  nor  more  than  one  thousand  dollars, 
or  by  imprisonment  of  not  less  than  six  months  nor  more  than 
two  years,  or  by  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court,  and  no  person  after  conviction  of  such 
offence  shall  be  permitted  to  vote  in  any  election  or  upon  any 
proposition  pending  before  the  people,  or  to  hold  any  public 
office;  and  no  evidence  given  by  any  witness  testifying  upon  the 
trial  of  any  charge  of  bribery  shall  be  used  against  the  person 
giving  such  evidence. 

Sec.  4.  All  prosecutions  for  offences  against  the  provisions 
of  this  chapter  shall  be  commenced  within  one  year  after  the 
same  shall  have  been  committed,  and  not  afterwards.     And 


I 


ELECTION    LAWS.  127 

upon  the  presentation  of  a  certificate  of  the  clerk  of  any  court 
of  the  final  conviction  in  such  court  of  any  ]ierson  under  the 
provisions  of  tliis  chapter,  the  state  auditor  is  hereby  authorized 
and  directed  to  draw  his  order  on  the  general  treasurer  for  the 
sum  of  fifty  dollars,  and  deliver  the  same  to  the  person  com- 
plainant in  such  prosecution. 

Sec.  5.     Whenever  any  person  upon  whom  is  imposed  any  supreme  court 

may  issue  writ 

duty  connected  with  the  calling,  warning  or  conducting  of  any  of  mandamus, 
town,  ward  or  district  meeting,  or  with  the  canvassing  or  the  25  r.  l  522. 
lists  of  voters  for  use  at  such  meetings,  or  with  the  counting  of 
the  votes  cast  at  the  same,  or  the  declaring  of  the  result  of  such 
votes,  shall  fail,  neglect  or  refuse  to  perform  such  duty  within 
the  time  specified  by  law  for  the  performance  of  the  same,  the 
supreme  court  shall  forthwith,  upon  the  petition  of  any  citizen 
of  the  city  or  town  where  such  failure,  neglect  or  refusal  oc- 
curred, issue  its  writ  of  mandamus  ordering  the  person  so  failing, 
neglecting  or  refusing,  to  perform  the  duties  in  question  within 
twenty-four  hours  from  the  time  of  the  issuance  of  said  writ, 
and  if  such  failure,  neglect,  or  refusal  shall  continue  beyond 
the  twenty-four  hours  specified  in  said  writ,  said  court  shall 
inmiediately  appoint  some  suitable  person  to  at  once  perform 
said  duties,  and  the  person  so  refusing  to  obey  said  writ  of 

mandamus  shall,  in  addition  to  the  penalties  prescribed  by  law  Penalty  for  ne- 
glect to  obey 
for  such  failure,  neglect,  or  refusal  to  perform  his  said  duties,  be  t^e  court. 

liable  to  such  further  penalties  for  contempt  of  court  as  said 

court  may  impose  for  failure  to  obey  said  writ. 

Sec.  6.     The  person  appointed  by  said  court,  as  aforesaid.  Power  to  act  of 

person  ap- 

shall  proceed  immediately  to  perform  the  duties  devolved  upon  p°^^['^''  ^^  ^^"^ 
him  by  said  court,  and  the  acts  done  by  him  in  pursuance  of  25  r.  i.  523. 
such  appointment  shall  l)e  as  effectual  and  valid  in  all  respects 
as  if  the  same  had  been  done  and  performed  by  the  person  so 
failing,  neglecting  or  refusing,  at  the  time  and  in  the  manner 
provided  by  law. 


128 


ELECTION   LAWS. 


To  be  deemed 
an  officer  of  the 
court;   penalty 
for  liindering 
his  action. 
25  R.  I.  523. 


Sec.  7.  The  person  so  appointed  by  said  court,  as  aforesaid, 
shall  be  deemed  to  be  an  officer  of  said  court  and  shall  have  full 
and  free  access  to  all  records  and  papers  necessary  to  enable  him 
to  perform  the  duties  devolved  upon  him  by  said  court,  and  any 
person  interfering  with  or  in  any  way  hindering  his  discharge  of 
said  duties  shall  be  liable  to  such  penalties  as  may  be  prescribed 
by  said  court  for  contempt,  and  it  shall  be  the  duty  of  the  sheriffs 
of  the  several  counties  and  their  deputies  to  see  that  the  pro- 
visions of  this  chapter  are  enforced  within  their  respective 
counties. 

Sec.  8.  Wherever  the  word  "ballots"  or  the  word  "votes' 
is  used,  it  shall  be  construed  to  include  the  evidence  of  the 
intent  of  the  electors  as  shown  by  the  tally-sheets  or  records 
made  ui)on  paper  by  any  voting-machine  used  in  voting  in  any 
election  or  upon  any  proposition  of  amendment  or  question 
submitted  to  the  electors  of  the  state. 


EXTRACT  FROM  TITLE  IV. 

OF  LEGISLATIVE  PROCEEDINGS  AND  OF  STATUTES. 

CHAPTER  25. 

(As  Amended  by  Section  34,  Chapter  640,  Public  Laws.) 
Of  the  Constitution  and  Organization  of  the  General 
Assembly. 

Section  1.  The  senate  shall  consist  of  the  lieutenant- 
governor  and  of  one  senator  from  each  city  and  town  in  the 
state. 

Sec.  2.  The  house  of  representatives  shall  consist  of  one 
hundred  members. 

Sec.  3.  Each  of  the  following  named  towns,  no  one  of  which 
has  one  one-hundredth  of  the  population  of  the  state,  shall  elect 
one  representative,  namely:  the  towns  of  Barrington,  Charles- 
toAvn,  East  Greenwich,  Exeter,   Foster,  Glocester,  Jamestown, 


ELECTION   LAWS.  129 

Hopkinton,  Littl(>  (\)m])ton,  Middk'tuwn,  Narragansett,  New 
Shoreham,  North  Kingstown,  North  Providence,  North  Smith- 
field,  Portsmouth,  Richmond,  Scituate,  Smithfield,  South 
Kingstown,  Tiverton,  and  West  Greenwich. 

Sec.  4.     The  city  of  Providence,  wliich  has  more  than  one-  city  of  Provi- 
dence to  have 
fourtli  of  the  population  of  the  state  and  accordingly  is  limited  re*^"-'^^" 

by  the  constitution  to  no  more  than  one-fourth  of  the  whole   *""'^' 
number  of  the  members,  shall  elect  twenty-five  representatives, 
that  is,  one  representative  shall  be  elected  by  each  of  the  dis- 
tricts into  which  said  city  is  hereinafter  divided. 

Sec.  5.     The  remaining  fifty-three  members  of  the  house  of  E^'^L'""^ 

^  "^  nity-three  rep- 

representatives  are  divided  among  the  remaining  cities  and  Slb'uteron 
toAvns  of  the  state,  upon  the  basis  of  the  iioi)ulation  of  the  same 
and  according  to  the  following  ratio  of  their  population: — one 
representative  for  every  five  thousand  and  thirty-two  inhabi- 
tants of  each  of  said  cities  antl  towns,  and  one  additional  repre- 
sentative for  every  fraction  of  the  population  of  each  of  them 
exceeding  one-half  the  ratio  aforesaid,  namely: — 

From  the  city  of  PaAvtucket  there  shall  be  elected  ten  repre-  Pawtucket  to 

have  ten  rep- 

sentatives,  that  is,  one  representative  shall  be  elected  by  each  of  resentatives. 
the  districts  into  which  said  city  is  hereinafter  divided. 

From  the  city  of  Woonsocket  there  shall  be  elected  eight  woonsocketto 

have  eight  rep- 

rep resentatives,  that  is,  one  rei)resentative  shall  be  elected  by  resentatives. 
each  of  the  districts  into  which  said  city  is  hereinafter  divided. 

From  the  city  of  Newport  there  shall  be  elected  five  repre-   Newport  to 

have  five  repre- 
sentatives, that  is,  one  representative  shall  be  elected  by  each  of  sentatives. 

the  districts  into  which  said  city  is  hereinafter  divided. 

From  the  town  of  Warwick  there  shall  be  elected  five  repre-  Warwick  to 

have  five  rep- 

sentatives,  that  is,  one  representative  shall  be  elected  by  each  of  resentatives. 
the  districts  into  which  said  town  is  hereinafter  divided. 

From  the  city  of   Central   Falls   there  shall  be  elected  five  Central  Fails  to 

have  five  repre- 

representatives,  that  is,  one  representative  shall  be  elected  by  sentatives. 
each  of  the  districts  into  which  said  city  is  hereinafter  divided. 


I 


130 


ELECTION   LAWS. 


Cranston  to 
have  four  repre- 
sentatives. 


East  Provi- 
dence to  have 
three  represen- 
tatives. 


Cumberland  to 
have  two  repre- 
sentatives. 


Lincoln  to 
have  two  repre- 
sentatives. 


Westerly  to 
have  two  repre- 
sentatives. 


Bristol  to 
have  two  repre- 
sentatives. 


Burrillville  to 
have  two  repre- 
sentatives. 


Coventry, 
Johnston, 
and  Warren  to 
have  one  repre- 
sentative each. 


Providence; 
First  District. 


From  the  city  of  Cranston  there  shall  be  elected  four  repre- 
sentatives, that  is,  one  representative  shall  be  elected  by  each  of 
the  districts  into  which  said  city  is  hereinafter  divided. 

From  the  town  of  East  Providence  there  shall  be  elected  three 
representatives,  that  is,  one  representative  shall  be  elected  by 
each  of  the  districts  into  which  said  town  is  hereinafter  divided. 

Fom  the  town  of  Cumberland  there  shall  be  elected  two 
representatives,  that  is,  one  representative  shall  be  elected  b 
each  of  the  districts  into  which  said  town  is  hereinafter  divided 

Fom  the  town  of  Lincoln  there  shall  be  elected  two  repre 
sentatives,  that  is,  one  representative  shall  be  elected  by  each  of 
the  districts  into  which  said  town  is  hereinafter  divided. 

Fom  the  town  of  Westerly  there  shall  be  elected  two  repre 
sentatives,  that  is,  one  representative  shall  be  elected  by  each  of 
the  districts  into  which  said  town  is  hereinafter  divided. 

From  the  town  of  Bristol  there  shall  be  elected  two  repre- 
sentatives, that  is,  one  representative  shall  be  elected  by  each 
of  the  districts  into  which  said  town  is  hereinafter  divided. 

From  the  town  of  Burrillville  there  shall  be  elected  two  repre- 
sentatives, that  is,  one  representative  shall  be  elected  by  each 
of  the  districts  into  which  said  town  is  hereinafter  divided. 

The  towns  of  Coventry,  Johnston,  and  Warren  shall  each 
elect  one  representative. 

Sec  6.— providence. 

The  city  of  Providence  is  hereby  divided  into  twenty-five 
representative-districts,  bounded  and  described  as  follows: — 

(1)     The  First  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  the  Providence  river  in  the  line  of  James  street,^ 
extending  easterly  through  the  center  of  James  street  to  Benefi' 
street;  northwesterly  through  the  center  of  Benefit  street  t 
John  street;  easterly  through  the  center  of  John  street  t 


ELECTION   LAWS.  131 

Governor  street ;  southerly  througli  the  center  of  Governor  street 
to  Fremont  street ;  easterly  through  the  center  of  Fremont  street 
and  the  line  of  Fremont  street  extended  to  the  city  line  in  the 
Seekonk  river;  southwesterly  and  westerly  on  said  line  to  Provi- 
dence harbor,  and  through  Providence  harbor  to  a  point  in  the 
line  of  Henderson  street  extended ;  westerly  through  Providence 
harbor  to  the  center  line  of  Providence  river;  northwesterly 
along  the  center  of  Providence  river  to  the  place  of  beginning. 

(2)  The  Second  Representative-District  shall  consist  of  all  Providence; 

Second  Dis- 

that  part  of  said  city  bounded  by  a  line  begimiing  at  a  point  in  fict. 
the  center  of  the  northerly  line  of  Burnside  bridge,  extending 
thence  in  a  straight  line  to  the  northeasterly  corner  of  Exchange 
bridge;  thence  northerly  in  a  straight  line  through  Canal  street 
to  Friend  street ;  easterly  through  the  center  of  Friend  street  to 
North  Main  street ;  southerly  through  the  center  of  North  Main 
street  to  Waterman  street;  easterly  through  the  center  of  Water- 
man street  to  Fones  alley;  easterly  through  the  center  of  Fones 
alley  to  Brown  street;  northerly  through  the  center  of  Brown 
street  to  Angell  street;  easterty  through  the  center  of  Angell 
street  and  the  line  of  Angell  street  to  the  city  line  in  the  Seekonk 
river;  southwesterly  on  said  line  to  the  line  of  Fremont  street; 
westerly  in  the  line  of  and  through  the  center  of  Fremont  street 
to  Governor  street;  northerly  through  the  center  of  Governor 
street  to  John  street;  westerly  through  the  center  of  John  street 
to  Benefit  street;  southeasterly  through  the  center  of  Benefit 
street  to  James  street;  westerly  through  the  center  of  James 
street  to  the  center  of  the  Providence  river;  thence  northwest- 
erly following  the  center  of  Providence  river  to  the  place  of 
beginning. 

(3)  The  Third  Representative-District  shall  consist  of  all  Providence; 

Third  District. 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  on 
the  Providence  and  Pawtucket  boundary  line  where  it  is  crossed 
by  the  Moshassuck  river,  extending  easterly  on  said  line  to  the 
city  line  in  the  Seekonk  river;  southerly  on  said  line  to  the 


132 


ELECTION   LAWS. 


Providence; 
Fourth  Dis- 
trict. 


Providence; 
Fifth  District. 


line  of  Angell  street;  westerly  in  the  line  of  and  through  the 
center  of  Angell  street  to  Hope  street;  through  the  center  of 
Hope  street  in  a  general  northerly  direction  to  Mount  Hope 
avenue;  westerly  through  the  center  of  Mount  Hope  avenue  to 
Ivy  street;  northeasterly  through  the  center  of  Ivy  street  to 
Locust  street ;  northwesterly  through  the  center  of  Locust  street   i 
to  Camp  street ;  northeasterly  through  the  center  of  Camp  street   | 
to  Duncan  avenue;  westerly  through  the  center  of  Duncan   1 
avenue  to  North  Main  street;  southerly  through  the  center  of 
North  Main  street  to  Pettis  street ;  westerly  through  the  center   i 
of  Pettis  street  to  the  Moshassuck  river;  and  through  the  center  '' 
of  the  Moshassuck  river  in  a  northerly  direction  to  the  place  of 
beginning.  ■ 

(4)  The  Fourth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  at 
the  intersection  of  North  Main  street  and  Duncan  avenue, 
extending  easterly  through  the  center  of  Duncan  avenue  to 
Camp  street;  southwesterly  through  the  center  of  Camp  street 
to  Locust  street;  southeasterly  through  the  center  of  Locust 
street  to  Ivy  street;  southwesterly  through  the  center  of  Ivy 
street  to  Mount  Hope  avenue;  easterly  through  the  center  of 
Mount  Hope  avenue  to  Hope  street ;  southerly  through  the  cen- 
ter of  Hope  street  to  Angell  street ;  westerly  through  the  center 
of  Angell  street  to  Brown  street;  southerly  through  the  center 
of  Brown  street  to  Fones  alley ;  westerly  through  the  center  of 
Fones  alley  to  Waterman  street;  westerly  through  the  center  of 
Waterman  street  to  Benefit  street;  northerly  through  the  center 
of  Benefit  street  to  North  Main  street;  northerly  through  the 
center  of  North  Main  street  to  the  place  of  beginning. 

(5)  The  Fifth  Representative-District  shall  consist  of  all  that 
part  of  said  city  bounded  by  a  line  beginning  at  a  point  on  the 
Providence  and  North  Providence  boundary  line  where  it  is 
crossed  by  Charles  street,  extending  in  a  general  easterly  direc- 
tion on  said  line  and  the  Providence  and  Pawtucket  boundary 


ELECTION   LAWS.  133 

line  to  the  Moshassuck  river;  southerly  through  the  center  of  the 
Moshassuck  river  to  Pettis  street;  easterly  through  the  center  of 
Pettis  street  to  North  Main  street;  southerly  through  the  center 
of  North  Main  street  to  Stevens  street;  westerly  througli  tlie 
center  of  Stevens  street  to  Randall  square;  northwesterly 
through  the  center  of  Randall  s(|uare  to  Charles  street;  north- 
westerl}'  through  the  center  of  Charles  street  to  the  place  of 
beginning. 

(6)  The  Sixth  Representative-District  shall  consist  of  all  Providonce; 
that  part  of  said  city  bounded  by  a  line  l^eginning  at  a  point  on 

the  Providence-North  Providence  boundary  line  where  it  is 
crossed  by  Admiral  street,  extending  northeasterly  and  easterly 
on  said  line  to  Charles  street;  southerly  through  the  center  of 
Charles  street  to  Admiral  street;  westerly  through  the  center 
of  Admiral  street  to  Filhnore  street ;  southwesterly  through  the 
center  of  Fillmore  street  to  Douglas  avenue;  northwesterly 
through  the  center  of  Douglas  avenue  to  Admiral  street;  north- 
westerly through  the  center  of  Admiral  street  to  the  place  of 
beginning. 

(7)  The  Seventh  Representative-District  shall  consist  of  all   Providence: 

Seventh   Dis- 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  at  trkt. 
the  intersection  of  Admiral  street  and  Fillmore  street,  extending 
easterly  through  the  center  of  Admiral  street  to  Charles  street ; 
southeasterly  through  the  center  of.  Charles  street  to  Randall 
square;  southeasterlj'^  through  the  center  of  Randall  square  to 
Stevens  street ;  easterly  through  the  center  of  Stevens  street  to 
North  Main  street ;  southerly  through  the  center  of  North  Main 
street  to  Benefit  street ;  southerly  through  the  center  of  Benefit 
street  to  Star  street;  westerly  through  the  center  of  Star  street 
to  North  Main  street;  southerly  through  the  center  of  North 
Main  street  to  Smith  street;  westerly  through  the  center  of 
Smith  street  to  the  easterly  line  of  the  railroad  property  operated 
by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.;  northerly  on  the  easterly 
line  of  said  property  to  Orms  street;  westerly  through  the  center 


134 


ELECTION   LAWS. 


Providence; 
Eighth  Dis- 
trict. 


Providence ; 
Ninth  District. 


of  Orms  street  to  Candace  street;  northerly  through  the  center 
of  Candace  street  to  Douglas  avenue ;  southeasterly  through  the 
center  of  Douglas  avenue  to  Fillmore  street;  northeasterly 
through  the  center  of  Fillmore  street  to  the  place  of  beginning. 

(8)  The  Eighth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  on 
the  Providence  and  North  Providence  boundary  line  where  it  is 
crossed  by  Admiral  street,  extending  southeasterly  through  the 
center  of  Admiral  street  to  Douglas  avenue;  southeasterly 
through  the  center  of  Douglas  avenue  to  Candace  street; 
southerly  through  the  center  of  Candace  street  to  Chalkstone 
avenue;  westerly  through  the  center  of  Chalkstone  avenue  to 
Harold  street;  southerly  through  the  center  of  Harold  street  to 
Regent  avenue;  westerly  through  the  center  of  Regent  avenue 
to  Alton  street;  southerly  through  the  center  of  Alton  street  to 
Wisdom  avenue ;  westerly  through  the  center  of  Wisdom  avenue 
to  Academy  avenue;  southerly  through  the  center  of  Academy 
avenue  to  Hendrick  street;  westerly  through  the  center  of 
Hendrick  street  to  Mount  Pleasant  avenue;  northerly  through 
the  center  of  Mount  Pleasant  avenue  to  Chalkstone  avenue; 
westerly  through  the  center  of  Chalkstone  avenue  to  Manton 
avenue;  westerly  through  the  center  of  Manton  avenue  to  the 
Providence  and  North  Providence  boundary  line ;  northwesterly, 
northerly,  and  northeasterly  on  said  line  to  the  place  of  begin- 
ning. 

(9)  The  Ninth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  begimiing  at  a  point 
in  the  center  of  Manton  avenue  bridge  over  the  Woonasqua- 
tucket  river,  extending  easterly  through  the  center  of  Manton 
avenue  to  Chalkstone  avenue;  easterly  through  the  center  of 
Chalkstone  avenue  to  Mount  Pleasant  avenue ;  southerly 
through  the  center  of  Mount  Pleasant  avenue  to  Hendrick 
street ;  easterly  through  the  center  of  Hendrick  street  to  Acad- 
emy avenue;  southerly  through  the  center  of  Academy  avenue  to 


Providence; 
Tenth   District. 


ELECTION   LAWS.  135 


Atwell's  avenue;  easterly  through  the  center  of  Atwell's  avenue 
to  Bowdoin  street;  southerly  through  the  center  of  Bowdoin 
street  to  Appleton  street;  northwesterly  through  the  center  of 
Appleton  street  to  Julian  street ;  southwesterly  through  the  cen- 
ter of  Julian  street  to  Manton  avenue;  northwesterly  through 
the  center  of  Manton  avenue  to  Erastus  street;  northerly 
through  the  center  of  Erastus  street  to  Atwell's  avenue;  west- 
erly through  the  center  of  Atwell's  avenue  to  Manton  avenue; 
westerly  through  the  center  of  Manton  avenue  to  the  westerly 
line  of  the  Dyerville  Mfg.  Company's  plat,  recorded  in  the 
recorder's  office,  Providence,  on  plat  card  601;  southwesterly 
on  said  line  to  the  center  of  the  Woonasquatucket  river;  north- 
westerly through  the  center  of  said  river  to  the  place  of  begin- 
ning. 

(10)  The  Tenth  Representative  -District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  the  Woonasquatucket  river  opposite  the  westerly 
line  of  the  Dyerville  IVIfg.  Company's  plat,  recorded  in  the 
recorder's  office.  Providence,  on  plat  card  601;  extending  north- 
easterly on  said  line  to  Manton  avenue;  easterly  through  the 
center  of  Manton  avenue  to  Atwell's  avenue;  easterly  through 
the  center  of  Atwell's  avenue  to  Erastus  street;  southerly 
through  the  center  of  Erastus  street  to  Manton  avenue;  south- 
easterly through  the  center  of  Manton  avenue  to  Olneyville 
square;  southwesterly  through  Olneyville  square  to  Plainfield 
street;  southwesterly  and  westerly  through  the  center  of  Plain- 
field  street  to  Lawrence  street ;  southeasterly  through  the  center 
of  Lawrence  street  to  Bend  street;  southwesterly  through  the 
center  of  Bend  street  to  Barrows  street;  southeasterly  through 
the  center  of  Barrows  street  to  Pocasset  avenue ;  southwesterly 
through  the  center  of  Pocasset  avenue  to  the  city  line;  thence 
westerly,  northwesterly,  and  easterly  on  said  boundary  line  to 
the  center  of  the  Woonasquatucket  river;  thence  by  the  center 
of  said  river  to  the  place  of  beginning. 


136 


ELECTION   LAWS. 


Providence; 
Eleventh    Dis- 
trict. 


Providence; 
Twelfth  Dis- 
trict. 


(11)  The  Eleventh  Representative-District  shall  consist  of 
all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
at  the  intersection  of  Plainfield  street  and  Lawrence  street, 
extending  easterly  and  northeasterly  through  the  center  of 
Plainfield  street  to  Atwood  street;  southeasterly  through  the 
center  of  Atwood  street  to  McDonough  street;  easterly  through 
the  center  of  McDonough  street;  crossing  the  old  Providence 
and  Springfield  railroad  tracks,  to  the  westerly  main  line  of  the 
railroad  property  operated  by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.; 
southwesterly  on  said  westerly  line  to  the  line  of  Wendell  street; 
easterly  in  the  line  of  and  through  the  center  of  Wendell  street 
to  Mcsser  street;  southeasterly  through  the  center  of  Messer 
street  to  Cranston  street;  southwesterly  through  the  center 
of  Cranston  street  to  the  city  line;  thence  northwesterly  and 
westerly  on  said  line  to  Pocasset  avenue;  northeasterly  through 
the  center  of  Pocasset  avenue  to  Barrows  street;  northwesterly 
through  the  center  of  Barrows  street  to  Bend  street;  northeast- 
erly through  the  center  of  Bend  street  to  Lawrence  street; 
northwesterly  through  the  center  of  Lawrence  street  to  the  place 
of  beginning.  .  _  ^ 

(12)  The  Twelfth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  Plainfield  street  opposite  Atwood  street,  extending 
northeasterly  through  the  center  of  Plainfield  street  to  Olney- 
ville  sciuare;  easterly  through  the  center  of  Olneyville  square 
to  Westminster  street;  easterly  through  the  center  of  West- 
minster street  to  Broadway;  northeasterly  through  the  center 
of  Broadway  to  the  westerly  line  of  the  railroad  property 
operated  by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.;  northeasterly  on 
said  line  to  Atwell's  avenue;  easterly  through  the  center  of 
Atwell's  avenue  to  Knight  street;  southeasterly  through  the 
center  of  Knight  street  to  Swiss  street;  southwesterly  through 
the  center  of  Swiss  street  to  Decatur  street;  southeasterly 
through  the  center  of  Decatur  street  to  Gesler  street;  south- 


ELECTION   LAWS.  137 

westerly  through  the  center  of  Gesler  street  to  Almj'-  street; 
southeasterly  through  the  center  of  Ahny  street  to  Broadway; 
southwesterly  through  the  center  of  Broadway  to  Bainbridge 
avenue ;  southerly  through  the  center  of  Bainbridge  avenue  to 
Westminster  street;  easterly  through  the  center  of  Westminster 
street  to  Sycamore  street;  southerly  through  the  center  of 
Sycamore  street  to  Willow  street;  westerly  through  the  center  of 
Willow  street  to  Messer  street;  southeasterly  through  the  center 
of  Messer  street  to  Wendell  street;  westerly  through  the  center 
of  Wendell  street  and  in  the  line  of  Wendell  street  to  the  westerly 
line  of  the  railroad  property  operated  by  the  N.  Y.,  N.  H.  &  H. 
R.  R.  Co. ;  northerly  on  said  line  to  McDonough  street;  westerly 
through  the  center  of  McDonough  street  to  Atwood  street; 
northwesterly  through  the  center  of  Atwood  street  to  the  place 
of  beginning. 

(13)     The  Tliirteenth  Representative-District  shall  consist  providence; 

Thirteenth  Dia- 

of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  the  trict. 
intersection  of  Wisdom  avenue  and  Academy  avenue,  extend- 
ing easterly  through  the  center  of  Wisdom  avenue  to  Alton 
street;  northerly  through  the  center  of  Alton  street  to  Regent 
avenue;  easterly  through  the  center  of  Regent  avenue  to  Harold 
street;  northerly  through  the  center  of  Harold  street  to  Chalk- 
stone  avenue;  easterly  through  the  center  of  Chalkstone  avenue 
to  Ayrault  street;  southerly  through  the  center  of  Ayrault 
street  to  Valley  street;  southwesterly  through  the  center  of 
Valley  street  to  Rathbone  street;  southeasterly  through  the 
center  of  Rathbone  street  to  the  Woonasquatucket  river; 
southwesterly  through  the  center  of  the  Woonasquatucket 
river  to  Atwell  's  avenue;  easterly  through  the  center  of  Atwell  's 
avenue  to  the  westerly  line  of  the  railroad  property  operated  by 
the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.;  southwesterly  on  said  line  to 
Broadway;  southwesterly  through  the  center  of  Broadway  to 
Westminster  street;  westerly  through  the  center  of  Westminster 
street  to  Olneyville  square;  westerly  through  the  center  of 


138 


ELECTION    LAWS. 


Providence; 
Fourteenth 
District. 


Providence; 
Fifteenth  Dis- 
trict. 


Olneyville  square  to  Manton  avenue;  northwesterly  through 
the  center  of  Manton  avenue  to  Juhan  street;  northeasterly 
through  the  center  of  Julian  street  to  Appleton  street;  south- 
easterly through  the  center  of  Appleton  street  to  Bowdoin  street; 
UDrtherly  through  the  center  of  Bowdoin  street  to  Atwell's 
avenue;  westerly  through  the  center  of  Atwell's  avenue  to 
Academy  avenue;  northerly  through  the  center  of  Academy 
avenue  to  the  place  of  beginning. 

(14)  The  Fourteenth  Representative-District  shall  consist  of 
all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
in  the  center  of  the  Woonasquatucket  river  where  it  is  crossed 
by  Atwell  's  avenue,  extending  northeasterly  through  the  center 
of  said  river  to  Acom  street;  southerly  through  the  center  of 
Acorn  street  to  West  Exchange  street;  westerly  through  the 
center  of  West  Exchange  street  to  Murphy  street;  southerly 
through  the  center  of  Murphy  street  to  Atwell's  avenue;  cross- 
ing Atwell's  avenue  to  the  northwesterly  corner  of  the  fire 
station,  located  at  the  corner  of  Atwell 's  avenue  and  America 
street;  following  the  westerly  and  southerly  sides  of  said  fire 
station  to  America  street;  southerly  through  the  center  of 
America  street  to  Federal  street;  southwesterly  through  the 
center  of  Federal  street  to  Sutton  street;  southerly  through  the 
center  of  Sutton  street  to  Broadway;  southwesterly  through  the 
center  of  Broadway  to  Almy  street;  northerly  through  the 
center  of  Almy  street  to  Gesler  street;  easterly  through  the 
center  of  Gesler  street  to  Decatur  street;  northerly  through  the 
center  of  Decatur  street  to  Swiss  street;  easterly  through  the 
center  of  Swiss  street  to  Knight  street;  northwesterly  through 
the  center  of  Knight  street  to  Atwell's  avenue;  westerly  through 
the  center  of  Atwell 's  avenue  to  the  place  of  beginning.  I 

(15)  The  Fifteenth  Representative-District  shall  consist  of 
all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
on  Broadway,  opposite  Bainbridge  avenue,  extentling  north- 
easterly through  the  center  of  Broadway  to  Sutton  street; 


ELECTION    LAWS.  139 

northerly  through  the  center  of  Sutton  street  to  Federal  street; 
easterly  through  the  center  of  Federal  street  to  Dean  street; 
southeasterly  through  the  center  of  Dean  street  to  Westminster 
street;  southwesterly  through  the  center  of  Westminster  street 
to  Cranston  street;  southwesterly  through  the  center  of  Cranston 
street  to  Bridgham  street;  northwesterly  through  the  center  of 
Bridgham  street  to  Division  street;  southwesterly  through  the 
center  of  Division  street  to  Dexter  street;  northerly  through  the 
center  of  Dexter  street  to  Westminster  street;  westerly  through 
the  center  of  Westminster  street  to  Bainbridge  avenue;  north- 
erly through  the  center  of  Bainbridge  avenue  to  the  place  of 
beginning. 

(IG)     The  Sixteenth  Representative-District  shall  consist  of  Providence; 

^       '  '  Sixteenth  Dis- 

all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  *^"'^*" 
on  Chalkstone  avenue,  opposite  Ayrault  street,  extending 
northeasterly  through  the  center  of  Chalkstone  avenue  to 
Candace  street;  southerly  through  the  center  of  Candace  street 
to  Orms  street;  easterly  through  the  center  of  Orms  street  to 
easterly  line  of  the  railroad  property  operated  by  the  N.  Y., 
N.  H.  &  H.  R.  R.  Co.;  southerly  on  said  line  to  Smith  street; 
easterly  through  the  center  of  Smith  street  to  North  Main 
street;  northwesterly  through  the  center  of  North  Main  street 
to  Star  street;  easterly  through  the  center  of  Star  street  to 
Benefit  street;  southeasterly  through  the  center  of  Benefit  street 
to  Waterman  street;  southwesterly  through  the  center  of  Water- 
man street  to  North  Main  street;  northwesterly  through  the 
center  of  North  Main  street  to  Friend  street;  southwesterly 
through  the  center  of  Friend  street  to  Canal  street;  thence  in  a 
straight  line  to  the  northeasterly  corner  of  Exchange  bridge; 
thence  in  a  straight  line  to  a  point  in  the  center  of  the  north- 
erly line  of  Burnside  bridge;  thence  southeasterly  through  the 
center  of  Providence  river  to  a  point  on  the  line  of  Hay  street 
extended;  northwesterly  in  the  line  of  and  through  the  center  of 
Hay   street  to  Friendship  street;  southwesterly  through  the 


District. 


140  ELECTION   LAWS. 

center  of  Friendship  street  to  Richmond  street;  southeasterly 
through  the  center  of  Richmond  street  to  Ship  street;  westerly 
through  the  center  of  Ship  street  to  Elbow  street ;  southwesterly 
through  the  center  of  Elbow  street  to  Chestnut  street;  north- 
westerly through  the  center  of  Chestnut  street  to  Weybosset 
street;  westerly  through  the  center  of  Weybosset  street  to 
Burrill  street;  northwesterly  through  the  center  of  Burrill  street 
to  Westminister  street;  southwesterly  through  the  center  of 
Westminster  street  to  Walnut  street;  northwesterly  through  the 
center  of  Walnut  street  to  Washington  street;  northeasterly 
through  the  center  of  Washington  street  to  Empire  street; 
northwesterly  through  the  center  of  Empire  street  to  Fountain 
street;  northeasterly  through  the  center  of  Fountain  street  to 
Aborn  street;  northwesterly  through  the  center  of  Aborn  street 
to  Sabin  street;  northeasterly  through  the  center  of  Sabin 
street  to  Mathewson  street;  northwesterly  through  the  center 
of  Mathewson  street  and  the  line  of  Mathewson  street  to  the 
southerly  line  of  the  railroad  property  operated  by  the  N.  Y., 
N.  H.  &  H.  R.  R.  Co.;  westerly  on  said  line  to  Acorn  street; 
northwesterly  through  the  center  of  Acorn  street  to  the  Woon- 
asquatucket  river;  easterly  through  the  center  of  the  Woon- 
asquatucket  river  to  Rathbone  street;  northwesterly  through 
the  center  of  Rathbone  street  to  Valley  street;  northeasterly 
through  the  center  of  Valley  street  to  Ayrault  street;  north- 
erly through  the  center  of  Ayrault  street  to  the  place  of  be- 
ginning, 
sevlnteenti.  (17)     The  Seventeenth  Representative-District  shall  consist, 

of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a 
point  on  the  southerly  line  of  the  railroad  property  operated  by  ^ 
the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.  where  it  is  crossed  by  Acorn 
street,  extending  easterly  in  said  line  to  a  point  in  the  line  of  ; 
Mathewson  street ;  southeasterly  in  the  line  of  and  through  the 
center  of  Mathewson  street  to  Sabin  street;  southwesterly 
through  the  center  of  Sabin  street  to  Aborn  street;  south- 


4 


I 


ELECTION    LAWS.  141 

easterly  through  the  center  of  xVborn  street  to  Fountain  street; 
southwesterly  through  the  center  of  Fountain  street  to  Empire 
street;  southeasterly  through  the  center  of  Empire  street  to 
Washington  street;  southwesterly  through  the  center  of  Wash- 
ington street  to  Jackson  street;  northwesterly  through  the  center 
of  Jackson  street  to  Cope  street;  westerly  through  the  center  of 
Cope  street  to  Federal  street;  westerly  through  the  center  of 
Federal  street  to  America  street;  northwesterly  through  the 
center  of  America  street  to  the  southerly  line  of  the  fire  station, 
located  at  the  corner  of  Atwell's  avenue  and  America  street; 
follo^ving  the  southerly  and  westerly  sides  of  said  fire  station  to 
Atwell  's  avenue;  thence  northerly  through  the  center  of  Murphy 
street  to  West  Exchange  street;  northeasterly  through  the 
center  of  West  Exchange  street  to  Acorn  street;  northerly 
through  the  center  of  Acorn  street  to  the  place  of  beginning. 

(18)     The  Eighteenth  Representative-District  shall  consist  providence; 

Eighteenth 

of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  District. 
point  at  the  intersection  of  Federal  and  Dean  streets,  extending 
easterly  through  the  center  of  Federal  street  to  Cope  street; 
easterly  through  the  center  of  Cope  street  to  Jackson  street; 
southeasterly  through  the  center  of  Jackson  street  to  Washing- 
ton street ;  northeasterly  through  the  center  of  Washington  street 
to  Walnut  street;  southeasterly  through  the  center  of  Walnut 
street  to  Westminster  street;  northeasterly  through  the  center 
of  Westminster  street  to  Burrill  street;  southeasterly  through 
the  center  of  Burrill  street  to  Weybosset  street ;  easterly  through 
the  center  of  Weybosset  street  to  Chestnut  street;  southeasterly 
through  the  center  of  Chestnut  street  to  Elbow  street;  south- 
westerly through  the  center  of  Elbow  street  to  Hospital  street; 
southeasterly  through  the  center  of  Hospital  street  to  Elm 
street;  southwesterly  through  the  center  of  Elm  street  to  Plain 
street ;  southeasterly  through  the  center  of  Plain  street  to  Point 
street;  southwesterly  through  the  center  of  Point  street  to 
Friendship  street;  southwesterly  through  the  Center  of  Friend- 


District. 


142  ELECTION   LAWS. 

ship  street  to  Lockwood  street;  northwesterly  through  the  cen- 
ter of  Lockwood  street  to  Broad  street;  southwesterly  through 
the  center  of  Broad  street  to  Pearl  street;  northwesterly  through 
the  center  of  Pearl  street  to  Cranston  street;  northeasterly 
through  the  center  of  Cranston  street  to  Westminster  street; 
northeasterly  through  the  center  of  Westminster  street  to  Dean  > 
street;  northwesterly  through  the  center  of  Dean  street  to  the 
place  of  beginning. 
Ninlteenth'  ^^^^     ^^^^  Nineteenth  Representative  District  shall  consist  of 

all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
at  the  intersection  of  Willow  street  and  Messer  street,  extending 
easterly  through  the  center  of  Willow  street  to  Sycamore  street ; 
northerly  through  the  center  of  Sycamore  street  to  Westminster 
street;  easterly  through  the  center  of  Westminster  street  to 
Dexter  street ;  southeasterly  through  the  center  of  Dexter  street 
to  Division  street ;  northeasterly  through  the  center  of  Division 
street  to  Bridgham  street;  southeasterly  through  the  center  of 
Bridgham  street  to  Cranston  street;  northeasterly  through  the 
center  of  Cranston  street  to  Pearl  street;  southeasterly  through 
the  center  of  Pearl  street  to  Broad  street;  southwesterly  through 
the  center  of  Broad  street  to  Elm  wood  avenue;  southwesterly 
through  the  center  of  Elmwood  avenue  to  West  Field  street; 
westerly  through  the  center  of  West  Field  street  to  Dexter 
street;  southerly  through  the  center  of  Dexter  street  to  Hanover . 
street;  northwesterly  through  the  center  of  Hanover  street  to 
Cranston  street;  northeasterly  through  the  center  of  Cranston 
street  to  Messer  street;  northwesterly  through  the  center  of. 
Messer  street  to  the  place  of  beginning. 

(20)  The  Twentieth  Representative-District  shall  consist 
of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a 
point  in  the  center  of  Cranston  street,  opposite  Hanover  street, 
extending  southeasterly  through  the  center  of  Hanover  street 
to  Dexter  street;  southwesterly  through  the  center  of  Dexter 
street  to  Potter' avenue ;  southeasterly  through  the  center  of 


Providence; 
Twentieth   Dis- 
trict. 


ELECTION    LAWS.  143 

Potter  avenue  to  Melrose  street;  southeasterly  through  the 
center  of  Melrose  street  to  Gallatin  street;  southwesterly 
through  the  center  of  Gallatin  street  and  in  the  line  of  Gallatin 
street  to  the  western  line  of  the  railroad  property  operated 
by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.;  southeasterly  on  said  line 
to  the  Cranston- Providence  boundaiy  line;  thence  westerly 
and  northwesterly  on  said  line  to  Cranston  street ;  northeasterly 
through  the  center  of  Cranston  street  to  the  place  of  beginning. 

(21)  The    Twenty-first  Representative-District    shall  con-  Piovidoiicu; 

n        •  ,      • ,       1  111  I'l'-  J.     Twcnt  v-first 

sist  oi  all  that  part  oi  said  city  bounded  by  a  line  beginning  at  District. 
a  point  in  the  center  of  Dexter  street,  opposite  West  Field  street, 
extending  easterly  through  the  center  of  West  Field  street  to 
Elmwood  avenue;  northeasterly  through  the  center  of  Elmwood 
avenue  to  Broad  street;  northeasterly  through  the  center  of 
Broad  street  to  Lockwood  street;  southeasterly  through  the 
center  of  Lockwood  street  to  West  Clifford  street ;  southwesterly 
tlirough  the  center  of  West  Clifford  street  to  Dudley  street; 
southeasterly  through  the  center  of  Dudley  street  to  Prairie 
avenue ;  southerly  through  the  center  of  Prairie  avenue  to  Public 
street;  southwesterly  through  the  center  of  Public  street  to 
Elmwood  avenue;  southwesterly  through  the  center  of  Elmwood 
avenue  to  Potter  avenue;  northwesterly  through  the  center  of 
Potter  avenue  to  Dexter  street;  northeasterly  and  northwesterly 
through  the  center  of  Dexter  street  to  the  place  of  beginning. 

(22)  The  Twenty- second  Representative-District  shall  con-  Providence; 
sist  of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a 
point  at  the  intersection  of  Elmwood  avenue  and  Potter  avenue, 
extending  northeasterly  through  the  center  of  Elmwood  avenue 
to  Public  street;  easterly  through  the  center  of  Public  street  to 
Prairie  avenue;  southerly  through  the  center  of  Prairie  avenue 
to  Reynolds  avenue;  easterly  through  the  center  of  Reynolds 
avenue  to  Burnside  street;  southerly  through  the  center  of 
Burnside  street  to  Thurber's  avenue;  westerly  through  the 
center  of  Thurber's   avenue  to   Broad  street;   southeasterly 


second  Dis- 
trict. 


144  ELECTION   LAWS. 

through  the  center  of  Broad  street  to  the  northerly  line  of  the 
railroad  property  operated  by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.; 
southwesterly  on  said  line  to  a  line  running  due  north  and  south 
through  Roger  Williams  Park  to  a  point  on  the  city  line  where 
it  is  crossed  by  Elm  Brook;  thence  by  said  north  and  south  line 
to  said  point  in  the  Cranston- Providence  boundary  line;  north- 
westerly, northerly,  and  westerly  on  said  boundary  line  to  the 
westerly  line  of  the  railroad  property  operated  by  the  N.  Y., 
N.  H.  &  H.  R.  R.  Co. ;  thence  in  a  general  northerly  direction  on 
said  railroad  line  to  a  point  in  the  line  of  Gallatin  street ;  easterly 
in  the  line  of  and  through  the  center  of  Gallatin  street  to  Mel- 
rose street;  northwesterly  through  the  center  of  Melrose  street 
to  Potter  avenue;  northwesterly  through  the  center  of  Potter 
avenue  to  the  place  of  beginning. 
Twenty-u'iid  (23)     The  Twcuty-third  Representative-District  shall  consist 

of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
at  the  intersection  of  Friendship  street  and  Lockwood  street; 
extending  northeasterly  through  the  center  of  Friendship  street 
■to  Point  street;  easterly  through  the  center  of  Point  street  to 
Plain  street;  southerly  through  the  center  of  Plain  street  to 
Lockwood  street;  southeasterly  through  the  center  of  Lock- 
wood  street  to  Hospital  street;  southeasterly  through  the  center 
of  Hospital  street  to  Eddy  street;  southwesterly  through  the 
center  of  Eddy  street  to  Dudley  street;  westerly  through  the 
center  of  Dudley  street  to  Culver  street;  southerly  through  the 
center  of  Culver  street  to  Bishop  street;  southwesterly  through 
the  center  of  Bishop  street  to  Plain  street;  southerly  through" 
the  center  of  Plain  street  to  Public  street;  southwesterly  through 
the  center  of  Public  street  to  Prairie  avenue;  northerly  through 
the  center  of  Prairie  avenue  to  Dudley  street;  northwesterly 
through  the  center  of  Dudley  street  to  West  Clifford  street; 
northeasterly  through  the  center  of  West  Clifford  street  to 
Lockwood  street;  northwesterly  through  the  center  of  Lock- 
wood  street  to  the  place  of  beginning. 


ELECTION    LAWS.  145 

(24)  The  Twenty-fourth  Representative-District  shall  con-  xw^AyTourth 
sist  of  all  that  part  of  said  city  bounded  by  a  line  l^eginning  at  a   '^"''^"'''^• 
point  in  the  center  of  Plain  street,  opposite  Elm  street,  extending 

easterly  through  the  center  of  Ehn  street  to  Hospital  street; 
northwesterly  through  the  center  of  Hospital  street  to  Elbow 
street ;  northeasterly  through  the  center  of  Elbow  street  to  Ship 
street;  easterly  through  the  center  of  Ship  street  to  Richmond 
street;  northwesterly  through  the  center  of  Richmond  street 
to  Friendship  street ;  northeasterly  through  the  center  of  P'riend- 
ship  street  to  Hay  street ;  southeasterly  in  the  line  of  Hay  street, 
extended  to  the  center  of  Providence  river;  southeasterly  in  the 
center  of  Providence  river  and  Providence  harbor  to  the  line  of 
Oxford  street ;  southwesterly  in  the  line  of  and  through  the  center 
of  Oxford  street  to  Eddy  street ;  northerly  through  the  center  of 
Eddy  street  to  Sayles  street;  westerly  through  the  center  of 
Sayles  street  to  Burnside  street;  northerly  through  the  center 
of  Burnside  street  to  Reynolds  avenue;  westerly  through  the 
center  of  Reynolds  avenue  to  Prairie  avenue;  northerly  through 
the  center  of  Prairie  avenue  to  Public  street ;  easterly  through 
the  center  of  Public  street  to  Plain  street;  northerly  through 
the  center  of  Plain  street  to  Bishop  street;  northeasterly  through 
the  center  of  Bishop  street  to  Culver  street;  northerly  through 
the  center  of  Culver  street  to  Dudley  street;  easterly  through  the 
center  of  Dudley  street  to  Eddy  street;  northeasterly  through  the 
center  of  Eddy  street  to  Hospital  street;  northwesterly  through 
the  center  of  Hospital  street  to  Lockwood  street;  northwesterly 
through  the  center  of  Lockwood  street  to  Plain  street;  north- 
erly through  the  center  of  Plain  street  to  the  place  of  beginning. 

(25)  The  twenty-fifth  Representative-District  shall  consist  Providonro; 

Twciity-fiith 

of  all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  oi-^tnct. 
point  in  the  center  of  Broad  street,  opposite  Thurber's  avenue, 
extending  easterly  through  the  center  of  Thurber's  avenue  to 
Burnside  street;  northerly  through  the  center  of  Burnside  street 
to  Sayles  street;  easterly  through  the  center  of  Sayles  street  to 


146  ELECTION    LAWS. 

Eddy  street;  southerly  through  the  center  of  Eddy  street  to 
Oxford  street ;  northeasterly  through  the  center  of  Oxford  street 
and  the  line  of  Oxford  street  to  the  city  line  in  Providence 
harbor;  thence  following  said  line  around  Starve  Goat  Island 
and  westerly,  southerly,  and  westerly  to  its  intersection  with 
Elm  Brook  at  Park  avenue;  thence  due  north  through  Roger 
Williams  Park  to  the  northerly  line  of  the  railroad  property 
operated  by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co. ;  northeasterly  on 
said  line  to  Broad  street;  northwesterly  through  the  center  of 
Broad  street  to  the  place  of  beginning. 

Sec.  7.— PAWTUCKET. 

■  The  City  of  Pawtucket  is  hereby  divided  into  ten  repre- 
sentative-districts, bounded  and  described  as  follows: — 
Pawtuoiu-t;  Q)     ^hc  First  Representative-District  shall  consist  of  all 

tirst  District.  ^    ^  ^ 

that  part  of  said  city  Iwunded  by  a  line  beginning  at  a  point  in 
the  Blackstone  river  at  the  intersection  of  the  Cumberland, 
Central  Falls,  and  Pawtucket  boundary  lines,  extending  easterly 
and  southerly  along  the  Massachusetts-Rhode  Island  boundary 
line  to  center  of  Central  avenue;  northwesterly  through  the 
center  of  Central  avenue  to  the  center  of  Benefit  street;  westerly 
through  the  center  of  Benefit  street  to  Newport  avenue;  south- 
erly through  the  center  of  Newport  avenue  to  Chaplin  street; 
westerly  through  the  center  of  Chaplin  street  to  Cottage  street ; 
southwesterly  through  the  center  of  Cottage  street  to  Kenyon 
avenue;  northerly  through  the  center  of  Kenyon  avenue  to 
Webster  street;  westerly  through  the  center  of  Webster  street 
to  Broadway;  southwesterly  through  the  center  of  Broadway  to 
East  street ;  westerly  through  the  center  of  East  street  to  Middle 
street;  northerly  through  the  center  of  Middle  street  to  Eldridgc 
street;  westerly  through  the  center  of  Eldridge  street  to  the 
Pawtucket-Central  Falls  boundary  line  in  the  Blackstone  river; 
northerly  in  said  boundary  line  to  the  place  of  beginning. 


ELECTION   LAWS.  147 

(2)  The  Secoiid  Representative-District  shall  consist  of  all  ^^^I'dDttrict. 
that  j^art  of  said  city  boundcHl  by  a  line  beginning  at  a  point  in 

the  Blackstonc  river  on  the  Pawtucket-Central  Falls  boundary 
line  in  the  line  of  Eldridge  street,  extending  easterly  in  the  line 
of  andthi-ough  the  center  of  Eldridge  street  to  North  Main  street; 
thence  southwesterly  through  the  center  of  North  IVIain  strec^t 
to  the  center  of  Middle  street;  southerly  through  the  center  of 
Middle  street  to  the  center  of  East  street;  easterly  through'the 
center  of  East  street  to  Broadway;  southerly  through  the  center 
of  Broadway  to  Gooding  street;  westerly  through  the  center  of 
Gooding  street  to  Park  street;  southerl}^  through  the  center  of 
Park  street  to  Carnation  street;  easterly  through  the  center  of 
Carnation  street  to  Sabin  street;  southerly  through  the  center 
of  Sabin  street  to  Cottage  street;  southwesterly  through  the 
(•(niter  of  Cottage  street  to  North  Bend  street;  southerly  through 
the  center  of  North  Bend  street  to  Spring  street;  westerly 
through  the  center  of  Spring  street  to  Howard  avenue;  north- 
westerly through  the  center  of  Howard  avenue  to  Cottage  street ; 
southwesterly  through  the  center  of  Cottage  street  and  Broad- 
way to  Main  street;  northwesterly  through  the  center  of  Main 
street  to  the  center  of  the  Blackstone  river;  northerly  along  the 
center  of  the  Blackstone  river  to  the  place  of  beginning. 

(3)  The  Third  Representative-District  shall  consist  of  all  Pawtucket; 

Tl.iid  District. 

tliat  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  intersection  of  Broadway  and  Webster  street,  extending 
easterly  through  the  center  of  Webster  street  to  Kenyon  avenue; 
southerly  through  the  center  of  Kenyon  avenue  to  Cottage 
street;  northeasterly  through  the  center  of  Cottage  street  to 
Chaplin  street ;  easterly  through  the  center  of  Chaplin  street  to 
Newport  avenue;  northerly  through  th(;  center  of  Newpoi-t 
avenue  to  Benefit  street;  easterly  through  the  center  of  Benefit 
street  to  the  center  of  Central  avenue;  southeasterly  tnrough 
the  center  of  Central  avenue  to  the  Rhode  Island-Massachusetts 
boundary  line;  southerly  on  said  boundary  line  to  Brook  street; 


tnct 


148  ELECTION  LAWS. 

westerly  through  the  center  of  Brook  street  to  York  avenue; 
southerly  through  the  center  of  York  avenue  to  Walcott  street; 
westerly  through  the  center  of  Walcott  street  to  Ashton  street ; 
northerly  through  the  center  of  Ashton  street  to  Brook  street; 
westerly  through  the  center  of  Brook  street  to  North  Bend  street ; 
northerly  through  the  center  of  North  Bend  street  to  Cottage 
street;  northeasterly  through  the  center  of  Cottage  street  to 
Sabin  street;  northerly  through  the  center  of  Sabin  street  to 
Carnation  street ;  westerly  through  the  center  of  Carnation  street 
to  Park  street;  northerly  through  the  center  of  Park  street  to 
Gooding  street;  easterly  through  the  center  of  Gooding  street 
to  Broadway;  northerly  through  the  center  of  Broadway  to  the 
place  of  beginning. 
Fourth  Dit'  ("^^     '^^^  Fourth  Representative-District  shall  consist  of  all 

that  part  of  said  city  bounded  })y  a  line  beginning  at  a  point  on 
Main  street  where  it  is  intersected  by  the  Pawtucket  river, 
extending  southeasterly  through  the  center  of  Main  street  to  the 
center  line  of  Broadway;  thence  northeasterly  through  the 
center  line  of  Broadway  to  the  center  line  of  Cottage  street; 
thence  northeasterly  through  the  center  of  Cottage  street  to 
Howard  avenue;  southeasterly  through  the  center  of  Howard 
avenue  to  Spring  street;  easterly  through  the  center  of  Spring 
street  to  North  Bend  street;  southerly  through  the  center  of 
North  Bend  street  to  Brook  street;  easterly  through  the  center 
of  Brook  street  to  Ashton  street;  southerly  through  the  center 
of  Ashton  street  to  Walcott  street;  easterly  through  the  center 
of  Walcott  street  to  York  avenue;  northerly  throu-gh  the  center 
of  York  avenue  to  Brook  street ;  southeasterly  through  the  center 
of  Brook  street  to  the  Rhode  Island-Massachusetts  boundary 
line;  southerly  on  said  boundary  line  to  the  Pawtucket-East 
Providence  boundary  line;  westerly  on  said  boundary  line  to 
Prospect  street;  northwesterly  through  the  center  of  Prospect 
street  to  Exeter  avenue;  northeasterly  through  the  center  of 
Exeter  avenue  to  Rhode  Island  avenue;  northeasterly  through 


( 


ELECTION    LAWS.  149 

the  center  of  Rhode  Island  avenue  to  Brewster  street ;  northerly- 
through  the  center  of  Brewster  street  to  Division  street;  west- 
erly through  the  center  of  Division  street  to  Prospect  street; 
northwesterly  through  the  center  of  Prospect  street  to  School 
street;  northerly  through  the  center  of  School  street  to  Main 
street;  westerly  and  northwesterly  through  the  center  of  Main 
street  to  the  place  of  beginning. 

(i5)  The  Fifth  Representative-District  shall  consist  of  all  p^^tucket- 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  on  '^'^"^  D.stnct. 
Main  street  where  it  is  intersected  by  the  center  line  of  Paw- 
tucket  river,  extending  southeasterly  and  easterly  through  the 
center  of  Main  street  to  School  street;  southerly  through  the 
center  of  School  street  to  Prospect  street ;  southeasterly  througli 
the  center  of  Prospect  street  to  Division  street;  easterly  througli 
the  center  of  Division  street  to  Brewster  street;  southerly 
through  the  center  of  Brewster  street  to  Rhode  Island  avenue; 
southwesterly  through  the  center  of  Rhode  Island  avenue  to 
Exeter  avenue ;  westerly  through  the  center  of  Exeter  avenue  to 
Prospect  street ;  southeasterly  through  the  center  of  Prospect 
street  to  the  Pawtucket-East  Providence  boundary  line; 
westerly  on  said  boundary  line  to  a  point  in  the  Pawtucket 
river  where  it  meets  the  Providence  city  line;  northerly  from 
said  point  along  the  center  of  the  Pawtucket  river  to  the  line  of 
Bowles  street;  southwesterly  in  the  line  of  and  through  the 
center  of  Bowles  street  to  Pleasant  street;  northerly  through 
the  center  of  Pleasant  street  to  Cedar  street;  westerly  through 
the  center  of  Cedar  street  to  Mulberry  street;  northerly  through 
the  center  of  Mulberry  street  to  Main  street;  northeasterly  and 
southeasterly  through  the  center  of  Main  street  to  the  place  of 
beginning. 

(6)     The  Sixth    Representative-District  shall  consist  of   all  Pawtuokot; 

^    ^  '-  Sixth  District. 

that  part  of  said  city  bounded  l)y  a  line  beginning  at  a  point 
where  Rc^servoir  avenue  intersects  the  Pawtucket-Lincoln 
boundary  line,  extending  easterly  along  said  boundary  line  and 


ELECTION   LAWS. 


the  Pawtucket-Central  Falls  boundary  line  to  the  center  of  the 
Pawtiicket  river;  southerly  along  the  center  of  the  Pawtucket 
river  to  Main  street ;  northwesterly  through  the  center  of  Main 
street  and  Dexter  street  to  Weeden  street;  westerly  through  the 
center  of  Weeden  street  to  Reservoir  avenue;  northwesterly 
through  the  center  of  Reservoir  avenue  to  the  place  of  beginning. 

(7)  The  Seventh  Representative-District  shall  consist  of 
all  that  part  of  said  city  bounded  by  a  line  beginning  at  a  point 
where  the  North  Providence,  Lincoln,  and  Pawtucket  boundary 
lines  intersect,  extending  easterly  along  the  Pawtucket-Lincoln 
boundary  line  to  Reservoir  avenue;  southeasterly  through  the 
center  of  Reservoir  avenue  to  Weeden  street;  easterly  through 
the  center  of  Weeden  street  to  Dexter  street;  southeasterly 
through  the  center  of  Dexter  street  to  Main  street;  south- 
westerly through  the  center  of  Main  street  to  Mineral  Spring 
avenue;  westerly  through  the  center  of  Mineral  Spring  avenue 
to  Hurley  avenue;  southerly  through  the  center  of  Hurley 
avenue  to  Grotto  avenue;  westerly  through  the  center  of  Grotto 
avenue  and  the  line  of  Grotto  avenue  to  the  Pawtucket-North 
Providence  boundary  line;  northerly  on  said  line  to  the  place  of 
beginning. 

(8)  The  Eighth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  intersection  of  Hurley  avenue  and  Mineral  Spring  avenue, 
extending  easterly  through  the  center  of  Mineral  Spring  avenue 
to  Main  street;  southwesterly  through  the  center  of  Main  street 
to  Mulberry  street;  southerly  through  the  center  of  Mulberry 
street  to  Cedar  street;  easterly  through  the  center  of  Cedar  street 
to  West  avenue ;  southerly  through  the  center  of  West  avenue  to 
Pearl  street;  westerly  through  the  center  of  Pearl  street  to 
Mulberry  street;  southerly  through  the  center  of  Mulberry  street 
to  Brown  street;  westerly  through  the  center  of  BroAvn  street 
to  Washington  street;  southerly  through  the  center  of  Washing- 
ton street  to  Randall  street;  westerly  through  the  center  of 


ELECTION    LAWS.  151 

Randall  street  to  IMain  street;  southwesterly  through  the  center 
of  INIain  street  to  Thurston  street;  southwesterly  through  the 
center  of  Thurston  street  to  the  center  of  Henry  street;  thence 
westerly  through  the  center  line  of  Henry  street  and  a  continu- 
ation thereof  to  the  easterly  line  of  the  railroad  property  o])er- 
ated  by  the  N.  Y.,  N.  H.  &  H.  11.  R.  Co.;  northeasterly  on  said 
line  to  a  point  on  road  line  opposite  the  southerly  end  of  Dix 
avenue;  thence  westerly  crossing  said  property  at  right  angles 
to  the  southerly  line  of  the  old  Moshassuck  R.  R.  Company's 
property;  thence  on  said  line  in  a  general  westerly  direction  to 
its  intersection  with  the  line  of  Hurley  avenue;  northerly  in  the 
line  of  and  through  the  center  of  Hurley  avenue  to  the  place  of 
beginning. 

(9)     The  Ninth  Representative-District  shall  consist  of  all  Pawtucket; 

^    ^  ^  _        Ninth  District. 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  intersection  of  the  North  Providence  line  and  Grotto  avenue, 
extending  easterly  through  the  center  of  Grotto  avenue  to  the 
center  of  Hurley  avenue;  thence  southerly  through  the  center  of 
Hurley  avenue  to  the  old  southerly  line  of  the  property  operated 
by  the  Moshassuck  Valley  R.  R.  Co.;  easterly  on  said  southerly 
line  to  the  easterly  line  of  the  railroad  property  operated  by  the 
N.  Y.,  N.  H.  &  H.  R.  R.  Co. ;  thence  easterly  to  the  easterly  Hne 
of  said  railroad  property;  southwesterly  on  said  line  to  a  point  in 
the  center  line  of  Henry  street;  thence  easterly  in  the  center  line 
of  Henry  street  to  Thurston  street;  northeasterly  through  the 
center  of  Thurston  street  to  Randall  street;  easterly  through  the 
center  of  Randall  street  to  Bunnell  avenue;  southerly  through 
the  center  of  Bunnell  avenue  to  Magill  street;  easterly  through 
the  center  of  Magill  street  to  Knowles  street;  southeasterly 
through  the  center  of  Knowles  street  to  Clyde  street;  easterly 
through  the  center  of  Clyde  street  to  East  avenue;  southerly 
and  southwesterly  through  the  cent(>r  of  East  avenue  to  the 
Pawtucket-Providence  boundary  line;  westerly  on  said  line  to 


152 


ELECTION   LAWS. 


Pawtucket; 
Tenth  District. 


the  Pawtucket-North  Providence  boundary  line;  northerly  on 
said  line  to  the  place  of  beginning. 

(10)  The  Tenth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  intersection  of  West  avenue  and  Cedar  street,  extending 
easterly  through  the  center  of  Cedar  street  to  Pleasant  street; 
southerly  through  the  center  of  Pleasant  street  to  Bowles  street; 
easterly  through  the  center  of  Bowles  street  and  the  line  of 
Bowles  street  to  the  center  of  the  Pawtucket  river;  southerly 
along  the  center  of  said  river  to  the  Pawtucket-Providence 
boundary  line;  westerly  on  said  boundary  line  to  East  avenue; 
northeasterly  through  the  center  of  East  avenue  to  Clyde  street; 
westerly  through  the  center  of  Clyde  street  to  Knowles  street; 
northwesterly  through  the  center  of  Knowles  street  to  Magill 
street;  westerly  through  the  center  of  Magill  street  to  Bunnell 
avenue;  northerly  through  the  center  of  Dunnell  avenue  to 
Randall  street;  easterly  through  the  center  of  Randall  street  to 
Washington  street;  northerly  through  the  center  of  Washington 
street  to  Brown  street;  easterly  through  the  center  of  Brown 
street  to  Mulberry  street;  northerly  through  the  center  of 
Mulbery  street  to  Pearl  street;  easterly  through  the  center  of 
Pearl  street  to  West  avenue;  northerly  through  the  center  of 
West  avenue  to  the  place  of  beginning. 


Sec.  8.— WOONSOCKET. 


The  city  of  Woonsocket  is  hereby  divided  into  eight  rejire- 
sentative-districts,  bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  line  of  Pine  street  where  said  street  intersects  the  western 
boundary  line  of  ward  1,  extending  easterly  through  the  center 
of  Pine  street  to  Union  street;  northeasterly  through  the  center 
of  Union  street  to  Bell  street;  southeasterly  through  the  center 


ELECTION    LAWS.  153 

of  Bell  street  to  Park  avenue;  northeasterly  through  the  center 
of  Park  avenue  to  Bernon  street;  southeasterly  and  easterly 
through  the  center  of  Bernon  street  and  the  line  of  Bernon  street 
to  the  center  of  the  Blackstone  river;  southerly  through  the 
center  of  the  Blackstone  river  to  the  North  Smithfield  and 
Woonsocket  town  line;  westerty  and  northwesterly  on  said  toAvn 
line  to  South  INIain  street;  northeasterly  through  the  center  of 
South  Main  street  to  Providence  street;  southeasterly  through 
the  center  of  Providence  street  to  Lincoln  street;  northeasterly 
through  the  center  of  Lincoln  street  and  the  line  of  Lincoln 
street  to  the  center  of  Bernon  pond;  easterly  through  the  cen- 
ter of  Bernon  pond  to  the  place  of  beginning. 
I     (2)     The  Second  Representative-District  shall  consist  of  all  woonsocket- 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in  tTcT'^  °'*' 
the  Blackstone  river  where  the  Woonsocket  and  North  Smith- 
field  towai  line  intersects  the  western  boundary  line  of  ward  4, 
extending  southeasterly,  southerly,  and  northeasterly  through 
the  center  of  the  Blackstone  river  to  its  intersection  with  the 
tracks  of  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.,  Boston  and  Pascoag 
line;  southwesterly  along  said  tracks  to  the  line  of  Hope  street; 
easterly  in  the  line  of  and  through  the  center  of  Hope  street  to 
Glenark  street;  northerly  through  the  center  of  Glenark  street 
to  Sayles  street;  easterly  through  the  center  of  Sayles  street  to 
the  center  of  Blackstone  river;  southeasterly  along  the  center  of 
the  Blackstone  river  to  a  point  in  the  line  of  Lincoln  street; 
southwesterly  in  the  line  of  and  through  the  center  of  Lincoln 
street  to  Providence  street;  northwesterly  through  the  center  of 
Providence  street  to  South  Main  street;  southwesterly  through 
the  center  of  South  Main  street  to  the  Woonsocket  and  North 
Smithfield  town  line;  northwesterly  and  easterly  along  said  line 
to  the  place  of  beginning. 

(3)     The  third  Representative-District  shall  consist  of  all  woonsocket; 

,.  .  Third  District. 

that  part  of  said  city  bounded  by  a  Ime  begmnmg  at  a  pomt  m 
the  Blackstone  riyer  where  the  Massachusetts  and  Rhode  Island 

20 


154  ELECTION   LAWS. 

state  line  intersects  the  western  boundary  line  of  ward  4,  ex- 
tending along  said  state  line  in  an  easterly  direction  to  Prospect 
street;  southeasterly,  easterly,  and  southeasterly  through  the 
center  of  Prospect  street  to  North  Main  street;  southeasterly 
through  the  center  of  North  Main  street  to  Daniels  street; 
northeasterly  through  the  center  of  Daniels  street  to  Earl  street; 
northwesterly  through  the  center  of  Earl  street  to  Mechanics 
avenue;  northeasterly  through  the  center  of  Mechanics  avenue 
to  Pond  street;  southeasterly  through  the  center  of  Pond  street 
to  Clinton  street;  southwesterly  through  the  center  of  Clinton 
street  to  the  tracks  of  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.,  Providence 
and  Worcester  line;  westerly  along  said  tracks  to  the  line  of 
Main  street;  northerly  in  the  line  of  Main  street  to  the  junction 
of  Main  street  and  Railroad  street;  northwesterly  through  the 
center  of  Railroad  street  to  Harris  avenue;  northwesterly 
through  the  center  of  Harris  avenue  to  Verry  street;  south- 
westerly and  northwesterly  through  the  center  of  Verry  street 
to  a  point  in  the  Blackstone  river  where  the  second  and  third 
and  fourth  ward  lines  intersect;  northwesterly  and  northerly 
through  the  center  of  said  river  to  the  place  of  beginning. 
r^,u°TDis-'  (4)     "The  Fourth  Representative-District  shall  consist  of  all 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  on 
the  Blackstone  river  where  the  second,  third,  and  fourth  ward 
lines  intersect,  extending  southeasterly  and  northeasterly 
through  the  center  of  Verry  street  to  Harris  avenue;  south- 
easterly through  the  center  of  Harris  avenue  to  Railroad  street; 
southeasterly  through  the  center  of  Railroad  street  to  the  junc- 
tion of  Railroad  street  and  Main  street;  southerly  in  the  line  of 
Main  street  to  the  tracks  of  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co., 
Providence  and  Worcester  line;  easterly  along  said  tracks  to  the 
intersection  of  the  first,  third,  and  fourth  ward  lines  in  the 
Blackstone  river;  southwesterly  through  the  center  of  the  Black- 
stone river  on  the  westerly  boundary  line  of  ward  1,  to  Ber-j 
non  pond;  westerly  and  northwesterly  on  the  northern  anc 


tnct 


ELECTION   LAWS.  155 

eastern  boundary  line  of  ward  2  in  the  Blackstone  river  to 
Sayles  street;  westerly  through  the  center  of  Sayles  street  to 
Glenark  street;  southerly  through  the  center  of  Glenark  street 
to  Hope  Street ;  westerly  through  the  center  of  Hope  street  to  the 
tracks  of  the  Boston  and  Pascoag  line  of  the  N.  Y.,  N.  H.  &  H. 
R.  K.  Co.;  norbheasterty  along  the  tracks  of  said  railroad  to  the 
center  of  the  Blackstone  river;  Avesterly  and  northerly  along  the 
center  of  the  Blackstone  river  to  the  place  of  beginning. 

(5)  The  Fifth  Representative-District  shall  consist  of  all  woonsocket; 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 

the  Rhode  Island  and  Massachusetts  state  line  where  Prospect 
street  crosses  said  line,  extending  easterly  along  said  state  line  to 
Rathbun  street;  southwesterly  through  the  center  of  Rathbun 
street  to  Social  street;  southwesterly  through  the  center  of 
Social  street  to  Second  street;  southeasterly  through  the  center 
of  Second  street  and  the  line  of  Second  street  to  the  northern 
boundary  line  of  ward  1  in  the  Blackstone  river;  southwesterly 
along  said  ward  line  in  the  Blackstone  river  to  the  tracks  of  the 
Providence  and  Worcester  line  of  the  N.  Y.,  N.  H.  &.  H.  R.  R. 
Co.;  westerly  along  said  tracks  to  Clinton  street;  northeasterly 
through  the  center  of  Clinton  street  to  Pond  street;  north- 
westerly through  the  center  of  Pond  street  to  Mechanics  avenue ; 
southwesterly  through  the  center  of  Mechanics  avenue  to  Earl 
street;  southeasterly  through  the  center  of  Earl  street  to  Daniels 
street;  southwesterly  through  the  center  of  Daniels  street  to 
North  Main  street;  northerly  through  the  center  of  North  Main 
street  to  Prospect  street;  northwesterly,  westerly,  and  north- 
westerly through  the  center  of  Prospect  street  to  the  place  of 
beginning. 

(6)  The  Sixth  Representative-District  shall  consist  of  all  sLToSriJt.. 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 

the  intersection  of  Second  street  and  Social  street,  extentling 
easterly  through  the  center  of  Social  street  to  Cumberland 
street;  southeasterly  through  the  center  of  Cumberland  street 


156 


ELECTION   LAWS. 


to  Brook  street ;  northeasterly  through  the  center  of  Brook  street 
to  Ehn  street;  southeasterly  and  easterly  through  the  center  of 
Elm  street  to  Dulude  avenue;  southerly  through  the  center  of 
Dulude  avenue  to  Cass  avenue;  westerly  through  the  center  of 
Cass  avenue  to  the  eastern  boundary  Ime  of  ward  1  in  the  Black- 
stone  river;  northwesterly,  westerly,  and  southwesterly  along 
said  line  in  the  Blackstone  river  to  the  line  of  Second  street; 
northwesterly  in  the  line  of  and  through  the  center  of  Second 
street  to  the  place  of  beginning. 

(7)  The  Seventh  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  Rhode  Island  and  Massachusetts  state  line  where  Rathbun 
street  crosses  said  line,  extending  easterly  along  said  line  to  the 
Cumberland  town  line;  southerly  and  southeasterly  on  the 
Woonsocket  and  Cumberland  town  line  to  its  junction  with  the 
North  Smithfield  town  line  in  the  Blackstone  river;  northwest- 
erly through  the  center  of  the  Blackstone  river  along  the  eastern 
boundary  line  of  ward  1  to  its  intersection  with  the  line  of  Cass 
avenue;  easterly  in  the  line  of  and  through  the  center  of  Cass 
avenue  to  Dulude  avenue;  northeasterly  through  the  center 
of  Dulude  avenue  to  Elm  street;  westerly  and  northwesterly 
through  the  center  of  Elm  street  to  Brook  street;  southwest- 
erly through  the  center  of  Brook  street  to  Cumberland  street; 
northwesterly  through  the  center  of  Cumberland  street  to  Rath- 
bun  street;  northeasterly  through  the  center  of  Rathbun  street 
to  the  place  of  beginning. 

(8)  The  Eighth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  the  Blackstone  river  where  Bernon  street  intersects 
the  western  bomidary  line  of  ward  1,  extending  northeasterly, 
easterly,  and  southeasterly  on  said  ward  line  in  the  Blackstone 
river  to  the  line  of  Bernon  street;  westerly  and  northwesterly 
in  the  line  of  and  through  the  center  of  Bernon  street  to  Park 
avenue;  southwesterly  through  the  center  of  Park  avenue  to 


ELECTION    LAWS.  157 

Bell  street;  northwesterly  through  the  center  of  Bell  street  to 
Union  street;  southwesterly  through  the  center  of  Union  street 
to  Pine  street ;  westerly  through  the  center  of  Pine  street  and  the 
line  of  Pine  street  to  the  western  boundary  line  of  ward  1  in  the 
Blackstone  river;  northeasterly  along  said  ward  line  in  the 
Blackstone  river  to  the  place  of  beginning. 

Sec.  9.— NEWPORT. 

The  city  of  Newport  is  hereby  divided  into  five  representa- 
tive-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all  Newport;  First 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  at 

the  eastern  end  of  the  bridge  connecting  the  Island  of  Rhode 
Island  with  Coaster's  Harbor  Island,  extending  easterly  through 
the  center  of  the  highway  leading  from  said  bridge  to  Third 
street;  southerly  through  the  center  of  Third  street  to  Dyre 
street;  easterly  through  the  center  of  Dyre  street  to  Farewell 
street;  southerly  through  the  center  of  Farewell  street  to  the 
line  of  Rutgers  street;  easterly  through  the  line  of  and  the  center 
of  Rutgers  street  to  Halsey  street;  southerly  through  the  center 
of  Halsey  street  to  Van  Zandt  avenue;  easterly  through  the 
center  of  Van  Zandt  avenue  to  Tilley  avenue ;  southerly  through 
the  center  of  Tilley  avenue  to  Gould  street;  southeasterly 
through  the  center  of  Gould  street  to  Warner  street;  south- 
westerly through  the  center  of  Warner  street  to  Thames  street; 
southerly  through  the  center  of  Thames  street  to  Bridge  street; 
westerly  through  the  center  of  Bridge  street  and  the  line  of 
Bridge  street  to  the  harbor  line ;  northerly  along  the  harbor  line 
to  the  place  of  beginning.  This  district  shall  also  include  the 
No.  2  engine  house,  on  the  south  side  of  Bridge  street,  and 
Coaster 's  Harbor  Island. 

(2)  The  Second  Representative-District  shall  consist  of  all   Newport; 

Second  Dis- 

tliat  part  of  said  city  begimiing  at  a  ])oint  in  the  shore  line  of   trict. 


158  ELECTION   LAWS. 

Codclington  Cove  where  the  Middletown-Newport  boundary 
hne  intersects  said  shore  line,  extending  southeasterly  along  the 
,  Middletown-Newport  boundary  line  to  the  line  of  the  road  to  the 
water  works ;  westerly  in  the  line  of  and  through  the  center  of  the 
road  leading  to  the  water  works  to  Prairie  avenue ;  northwesterly 
through  the  center  of  Prairie  avenue  to  Kay  street;  south- 
westerly through  the  center  of  Kay  street  to  Cranston  avenue; 
northwesterly  through  the  center  of  Cranston  avenue  to  Broad- 
way; southwesterly  through  the  center  of  Broadway  to  Oak 
street;  northwesterly  through  the  center  of  Oak  street  to 
West  Broadway;  southwesterly  through  the  center  of  West 
Broadway  to  Edward  street;  northwesterly  through  the  center 
of  Edward  street  to  Covcll  street;  southeasterly  through  the 
center  of  Covell  street  to  Sanford  street;  westerly  through  the 
center  of  Sanford  street  to  Thames  street;  northerly  through 
the  center  of  Thames  street  to  Warner  street;  northeasterly 
through  the  center  of  Warner  street  to  Gould  street;  north- 
westerly through  the  center  of  Gould  street  to  Tilley  avenue; 
northerly  through  the  center  of  Tilley  avenue  to  Van  Zandt 
avenue;  westerly  through  the  center  of  Van  Zandt  avenue  to 
Halsey  street;  northerly  through  the  center  of  Halsey  street 
to  Rutgers  street;  westerly  through  the  center  of  Rutgers  street 
and  the  line  thereof  to  Farewell  street;  northerly  througli  the 
center  of  Farewell  street  to  Dyre  street;  westerly  through  the 
center  of  Dyre  street  to  Third  street;  northerly  through  the 
center  of  Third  street  to  the  highway  leading  to  Coaster 's  Har- 
bor Island;  westerly  along  said  highway  to  the  bridge  leading 
to  Coaster's  Harbor  Island;  thence  along  the  shores  of  Narra- 
gansett  Bay  and  Coddington  Cove  in  a  general  northerly,  west- 
erty,  northerly,  and  easterly  direction  to  the  place  of  begimiing. 
ThMDistrict.  (3)  The  Third  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  intersection  of  the  Middletown-Newport  boundary  line  and 
the  line  of  the  road  to  water  works,  extending  southeasterly 


ELECTION    LAWS.  159 

along  the  Middletown-Newport  boundary  line  to  the  line  of 
Old  Beach  Road;  southwesterly  in  the  line  of  and  through  the 
center  of  Old  Beach  Koad  to  Mill  street;  westerly  through  the 
center  of  Mill  street  to  Market  Square;  westerly  through  the 
center  of  Market  Square  to  Newman's  wharf;  westerly  through 
the  center  of  Newman 's  wharf  and  the  line  thereof  to  the  harbor 
line;  northerly  along  said  harbor  line  to  a  point  in  the  harbor 
line  in  the  line  of  Bridge  street;  easterly  in  the  line  of  and 
through  the  center  of  Bridge  street  to  Thames  street;  northerly 
through  the  center  of  Thames  street  to  Sanford  street;  easterly 
through  the  center  of  Sanford  street  to  Covell  street;  north- 
(visterly  through  the  center  of  Covell  street  to  Edwards  street; 
southeasterly  through  the  center  of  Edwards  street  to  West 
Broadway ;  northeasterly  through  the  center  of  West  Broadway 
to  Oak  street;  southeasterly  through  the  center  of  Oak  street 
to  Broadway;  northeasterly  through  the  center  of  Broadway  to 
Cranston  avenue ;  southeasterly  through  the  center  of  Cranston 
avenue  to  Kay  street;  northeasterly  through  the  center  of  Kay 
street  to  Prairie  avenue;  southeasterly  through  the  center 
of  Prairie  avenue  to  the  road  to  water  works;  southeasterly  and 
northeasterly  through  the  center  of  the  road  to  the  water  works 
and  the  line  thereof  to  the  place  of  beginning.  This  district  shall 
also  include  No.  1  engine  house  on  the  south  side  of  Mill  street, 
and  Goat  Island.  The  No.  2  engine  house  on  the  south  side  of 
Bridge  street  shall  be  excluded  from  this  district. 

(4)     The  Fourth  Representative-District  shall  consist  of  all  Newport; 

Fourth  Dis- 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  triet. 
where  the  line  of  Old  Beach  Road  extended  intersects  the 
Middletown-Newport  boundary  line,  extending  southeasterly 
along  the  Middletown-Newport  boundary  line  to  the  Atlantic 
Ocean;  thence  bj''  said  Atlantic  Ocean  in  a  general  southerly, 
easterly,  and  westerly  direction  to  a  point  in  said  Atlantic 
Ocean  in  the  line  of  Bellevue  avenue;  easterly  and  northerly-  in 
the  line  of  and  through  the  center  of  Bellevue  avenue  to  Perry 


160 


ELECTION   LAWS. 


Newport; 
Fifth  District. 


street;  westerly  through  the  center  of  Perry  street  to  Spring 
street;  northerly  through  the  center  of  Spring  street  to  Pope 
street;  westerly  through  the  center  of  and  in  the  hne  of  Pope 
street  to  the  harbor  line;  northerly  along  said  harbor  line  to  a 
point  in  the  harbor  line  in  the  line  of  the  center  line  of  New- 
man's wharf;  easterly  in  the  line  of  and  through  the  center  of 
Newman's  wharf  to  Market  Square;  easterly  through  the  center 
of  Marlcet  Square  to  line  of  Mill  street;  easterly  in  the  line  of 
and  through  the  center  of  Mill  street  to  Old  Beach  Road ;  east- 
erly through  the  center  of  Old  Beach  Road  and  the  line  thereof 
to  the  place  of  beginning.  This  district  shall  exclude  the  No. 
1  engine  house,  on  the  south  side  of  Mill  street. 

(5)  The  Fifth  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  hne  beginning  at  a  point  at 
the  intersection  of  Pope  street  and  Spring  street,  extending 
southerly  through  the  center  of  Spring  street  to  Perry  street; 
easterly  through  the  center  of  Perry  street  to  Bellevue  avenue; 
southerly  and  westerly  through  the  center  of  Bellevue  avenue  to 
the  Atlantic  Ocean;  thence  along  said  Atlantic  Ocean,  Narra- 
gansett  Bay,  and  the  Newport  harbor  line  in  a  general  westerly, 
northerly,  and  easterly  direction  to  the  intersection  of  the 
Newport  harbor  line  with  the  line  of  Pope  street;  easterly  in  the 
line  of  and  through  the  center  of  Pope  street  to  the  place  of 
beginning. 


Sec.  10.— WARWICK. 


Warwick; 
First  District. 


The  town  of  Warwick  is  hereby  divided  into  five  representa- 
tive-districts, bounded  and  described  as  follows  :^ — 

(1)  The  First  Representative-District  shall  consist  of  all 
that  part  of  said  town  bounded  by  a  line  beginning  at  a  point  at 
the  intersection  of  the  Cranston- Warwick  boundary  line  with 
the  westerly  line  of  the  property  owned  and  operated  by  the 
N.  Y.,  N.  H.  &  H.  R.  R.  Co.,  on  the  Pawtuxet  river,  extending 


ELECTION   LAWS.  161 

easterly  on  the  C^ranston-Warwick  boundary  line  in  the  center 
of  the  Pawtuxet  rWvr  to  Pawtuxet  cove;  easterly  and  southerly 
through  the  center  of  the  PaAvtux(>t  cove  to  the  Providence 
river;  southeasterly  along  the  westerly  harbor  line  of  the  Provi- 
dence river  to  Narragansett  Bay;  southerly  and  southwesterly 
along  the  westerly  harbor  line  of  Narragansett  bay  to  Cowesett 
bay;  northwesterly  along  the  northerly  harbor  line  of  Cowesett 
bay  to  a  point  on  the  harbor  line  in  the  line  of  Nausauket 
avenue;  northwesterly  in  the  line  of  and  through  the  center  of 
Nausauket  avenue  and  the  line  of  said  avenue  to  the  inter- 
section of  the  East  Greenwich-Providence  road  and  the  westerly 
line  of  the  property  owned  and  operated  by  the  N.  Y.,  N.  H.  & 
H.  R.  R.  Co.;  northerly  on  said  line  to  the  line  of  Rhode  Island 
avenue  (Lincoln  Park  plat) ;  northwesterly  in  the  line  of  and 
through  the  center  of  Rhode  Island  avenue  and  the  line  of  • 

Rhode  Island  avenue  to  the  Cranston-Warwick  boundary  line 
in  the  Pawtuxet  river;  northerly  on  said  line  to  the  place  of 
beginning. 

(2)     The  Second  Representative-District  shall  consist  of  all   Warwick: 

Second  Dis- 

that  part  of  said  town  l;)ounded  by  a  line  beginning  at  a  point  in  trict. 
the  Cranston- Warwick  boundary  line  where  it  is  crossed  by  the 
Old  Hartford  R.  R.  Branch  of  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co., 
extending  easterly  and  northerly  on  said  line  to  the  line  of 
Rhode  Island  avenue;  southeasterly  in  the  line  of  and  through 
the  center  of  Rhode  Island  avenue  and  the  line  of  Rhode  Island 
avenue  to  the  westerly  line  of  the  property  owned  and  operated 
by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.;  southerly  on  said  line  to 
its  intersection  with  the  Providence-East  Greenwich  road; 
southeasterly  in  the  line  of  and  through  the  center  of  Nausauket 
avenue  and  the  line  of  said  avenue  to  Cowesett  bay;  from  this 
point  the  boundary  line  of  Representative-District  No.  2  of  the 
towTi  of  Warwick  extends  through  Cowesett  bay  and  the 
Potowomut  river  in  a  general  southeasterly  and  west(M-ly  direc- 
tion to  the  intersection  of  the  North  Kingstown-East  Green- 


I 


162  ELECTION   LAWS. 

wich- Warwick  boundary  lines;  thence  following  the  East  Green- 
wich-Warwick town  line  northeasterly  and  northerly  to  a  point 
in  Greenwich  cove  where  the  East  Greenwich- Warwick  boun- 
dary line  runs  almost  due  west;  westerly  on  said  line  to  the 
Hocky  Hill  road;  northerly  through  the  center  of  the  Rocky 
Hill  road  to  Quaker  lane;  northerly  through  the  center  of 
Quaker  lane  to  the  Centerville  road;  westerly  through  the 
center  of  said  road  to  the  New  London  turnpike;  northeasterly 
through  the  center  of  the  New  London  turnpike  to  the  Paw- 
tuxet  river;  easterly  and  northerly  through  the  center  of  the 
Pawtuxet  river  to  its  intersection  with  the  westerly  lines  of 
the  property  owned  and  operated  by  the  N.  Y.,  N.  H.  &  H.  K. 
R.  Co.,  known  as  the  Old  Hartford  Branch;  northerly  on  said 
line  to  the  place  of  beginning. 

•Third  District.  (3)  The  Third  Representative-District  shall  consist  of  all 
that  part  of  said  town  Ijounded  by  a  line  beginning  at  a  point  in 
the  Cranston- Warwick  boundary  hne  where  it  is  crossed  by  the 
western  line  of  the  property  owned  and  operated  by  the  N.  Y., 
N.  H.  &  H.  R.  R.  Co.,  known  as  the  Old  Hartford  Branch, 
extending  southerly  on  said  line  to  the  Pawtuxet  river;  south- 
erly and  westerly  through  the  center  of  the  Pawiuxet  river  to 
the  New  London  turnpike;  southwesterly  through  the  center  of 
the  New  London  turnpike  to  the  tracks  of  the  N.  Y.,  N.  H.  & 
H.  R.  R.  Co.;  westerly  in  said  tracks  to  their  intersection  with 
the  tracks  of  the  Pawtuxet  Valley  Branch  of  the  N.  Y.,  N.  H.  & 
H.  R.  R.  Co.;  westerly  and  northwesterly  on  said  tracks  to 
Maple  avenue;  southwesterly  in  a  straight  line  to  the  inter- 
section of  Fairview  avenue  and  the  Coventry  boundary  line; 
northerly  on  said  boundary  line  to  the  Cranston  city  line ;  east- 
erly on  said  city  line  to  the  place  of  beginning. 

rJurlh'^Dktrict.  (4)  The  Fourth  Representative-District  shall  consist  of  all 
that  part  of  said  towai  bounded  by  a  line  beginning  at  a  point  in 
the  Coventry- Warwick  boundary  line  where  Fairview  avenue 
enters  the  town,  extending  in  a  straight  line  northeasterly  to  the 


ELECTION    LAWS.  163 

intersection  of  INIaple  avenue  and  the  tracks  of  the  Pawtuxet 
Valley  Branch  of  he  N.  Y.,  N.  H.  &  H.  H.  K.  Co. ;  southeasterly 
and  easterly  along  said  line  to  its  intersection  with  the  westerly 
linc^  of  the  property  OAMied  and  operated  by  the  N.  Y.,  N.  H.  & 
II.  R.  R.  Co.,  kno\vn  as  the  Old  Hartford  Branch,  easterly  alon^ 
said  line  to  the  New  London  turnpike;  southwesterly  through 
the  center  of  the  New  London  turnpike  to  a  point  where  a  line 
drawn  tlue  west  will  meet  the  intersection  of  the  River  roatl  and 
the  westerly  line  of  the  property  owned  and  operated  by  the 
N.  Y.,  N.  H.  &  H.  R.  R.  Co.,  kno\TO  as  the  Old  Hartford  Branch ; 
westerly  on  said  line  drawn  due  west  to  the  westerly  line  of  said 
railroad  property;  southwesterly  on  the  said  line  to  Central 
street;  northwesterly  through  the  center  of  Central  street  to 
Quidnick  street;  southwesterly  through  the  center  of  Quidnick 
street  to  Crawford  street;  northwesterly  through  the  center  of 
Crawford  street  to  McNiff  street;  northerly  through  the  center 
of  McNiff  street  to  Shippee  street ;  westerly  through  the  center  of 
Shippee  street  to  the  Coventry  line;  northerly  along  the  Coven- 
try-Warwick boundary  line  to  the  place  of  beginning. 

(5)     The  Fifth  Representative-District  shall  consist  of  all   warwiok; 

Fiftli  District, 

that  part  of  said  town  bounded  by  a  line  beginning  at  a  point  in 
the  Coventry-Warwick  boundary  line  where  Shippee  street 
enters  the  town,  extending  easterly  through  the  center  of  Shippee 
street  to  McNiff  street ;  southerly  through  the  center  of  McNiff 
street  to  Crawford  street;  southeasterly  through  the  center  of 
Crawford  street  to  Quidnick  street;  northeasterly  through  the 
center  of  Quidnick  street  to  Central  street;  southeasterly 
through  the  center  of  Central  street  to  the  westerly  line  of  the 
property  owned  and  operated  by  the  N,  Y.,  N.  H.  &  H.  R.  R. 
Co.,  known  as  the  Old  Hartford  Branch  of  the  N.  Y.,  N.  H.  & 
H.  R.  R.  Co. ;  northeasterly  on  said  line  to  its  intersection  with 
the  River  road ;  thence  due  east  on  a  line  drawn  from  said  inter- 
section to  the  New  London  turnpike;  southwesterly  through  the 
center  of  the  New  London  turnpike  to  the  Centerville-Apponaug 


164 


ELECTION    LAWS. 


road;  easterly  through  the  center  of  the  Centerville-Apponaiig 
road  to  Quaker  lane;  southerly  through  the  center  of  Quaker 
lane  to  the  Rocky  Hill  road;  southerly  through  the  center  of 
Rocky  Hill  road  to  the  Warwick-East  Greenwich  boundary 
line;  westerly  on  said  line  to  the  Coventry-Warwick  l^oundary 
line ;  northerly  on  said  line  to  the  place  of  beginning. 

Sec.  11.— central  FALLS. 


Central  Falls; 
First  District. 


Central  Falls 
Second  Dis- 
trict. 


The  city  of  Central  Falls  is  hereby  divided  into  five  repre- 
sentative-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  Washington  street  opposite  Foundry  street,  ex- 
tending easterly  through  the  center  of  Foundry  street  to  the 
easterly  line  of  the  property  operated  by  the  N.  Y.,  N.  H.  & 
H.  R.  R.  Co.;  northeasterly  along  said  line  to  the  Pawtucket- 
Central  Falls  boundary  line  in  the  Blackstone  river;  southerly 
along  said  line  to  the  southerly  boundary  line  of  the  city  of 
Central  Falls ;  westerly  along  said  line  to  Hawes  street ;  northerly 
through  the  center  of  Hawes  street  to  Central  street;  easterly 
through  the  center  of  Central  street  to  Washington  street; 
northerly  through  the  center  of  Washington  street  to  the  place 
of  beginning. 

(2)  The  Second  Representative-District  shall  consist  of  all 
that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  Blackstone  river  where  Broad  street  crosses  the  Cumber- 
land-Central Falls  boundary  line,  extending  easterly  and  south- 
easterly along  said  line  to  its  intersection  with  the  easterly 
line  of  the  property  operated  by  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co. ; 
southwesterly  on  said  line  to  Foundry  street;  westerly  through 
the  center  of  Foundry  street  to  Washington  street;  north- 
westerly through  the  center  of  Washington  street  to  Lincoln 
avenue;  easterly  through  the  center  of  Lincoln  avenue  to  Acorn 


ELECTION    LAWS.  165 

street;  northerly  through  the  center  of  Acorn  street  to  Chestnut 
street;  easterly  through  th(^  c(uiter  of  Chestnut  street  to  Broad 
street;  northerly'  through  the  center  of  Broad  str(>et  to  the  place 
of  beginning. 

(3)  The  Third  Representative-District  shall  consist  of  all  central  Fails; 

Third  District. 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in 
the  center  of  Pine  street  opposite  Richardson  street,  extending 
easterly  through  the  cent(u-  of  Richardson  street  to  Dexter 
street;  northerly  through  the  center  of  Dexter  street  to  Darling 
street;  easterly  through  the  center  of  Darling  street  to  Fidler 
avenue;  northerly  through  the  center  of  Fuller  avenue  to  Sum- 
ner avenue;  easterly  through  the  center  of  Sumner  avenue  to 
Illinois  street;  southerly  through  the  center  of  Illinois  street  to 
Beacon  street;  easterly  through  the  center  of  Beacon  street  to 
Washington  street ;  southerly  through  the  center  of  Washington 
street  to  Central  street ;  westerly  through  the  center  of  Central 
street  to  Hawes  street;  southerly  through  the  center  of  Hawes 
street  to  the  southern  boundary  line  of  the  city  of  Central  Falls ; 
westerly  on  said  line  to  Pine  street;  northwesterly  through  the 
center  of  Pine  street  to  the  place  of  beginning. 

(4)  The  Fourth  Representative-District  shall  consist  of  all  Central  Fails; 

Fourth  Dis- 

that  part  of  said  city  bounded  by  a  line  beginning  at  a  point  in  t"ct. 
the  Blackstone  river  where  Broad  street  intersects  the  Cumber- 
land-Central Falls  bomidary  line,  extending  southerly  through 
the  center  of  Broad  street  to  Chestnut  street ;  westerly  through 
the  center  of  Chestnut  street  to  Acorn  street;  southerly  through 
the  center  of  Acorn  street  to  Lincoln  avenue;  westerly  through 
the  center  of  Lincoln  avenue  to  Washington  street;  southerly 
through  the  center  of  Washington  street  to  Beacon  street; 
westerly  through  the  center  of  Beacon  street  to  Illinois  street, 
northerly  through  the  center  of  Illinois  street  to  Sumner  avenue; 
westerly  through  the  center  of  Sumner  avenur  to  Fuller  avenue, 
.southerly  through  the  center  of  Fuller  avenue  to  Darling 
street;  westerly  through  the  center  of  Darling  street  to  Dexter 


166  ELECTION    LAWS. 

street;  northerly  through  the  center  of  Dexter  street  to  Hunt 
street;  easterly  through  the  center  of  Hunt  street  to  Liberty 
street;  northerly  through  the  center  of  Liberty  street  to  Etna 
street;  easterly  through  the  center  of  Etna  street  to  Valley 
Falls  pond;  northerly  along  the  shore  of  Valley  Falls  pond  to  the 
Cumberland-Central  Falls  boundary  line;  easterly  along  said 
line  to  the  place  of  beginning. 

(5)     The  Fifth  Representative-District  shall  consist  of  all 

Fffth"^  District  ^^^^^  P^^^  ^^  ^^^^^  ^^^y  bounded  by  a  line  beginning  at  a  point 
where  the  boundary  lines  of  Lincoln,  Central  Falls,  and  Paw- 
tucket  intersect,  extending  northerly  and  northeasterly  on  the 
westerly  boundary  line  of  the  city  of  Central  Falls  to  Valley 
Falls  pond;  southeasterly  along  the  shores  of  Valley  Falls  pond 
to  Etna  street;  westerly  through  the  center  of  Etna  street  to 
Liberty  street;  southerly  through  the  center  of  Liberty  street 
to  Hunt  street;  westerly  through  the  center  of  Hunt  street  to 
Dexter  street;  southerly  through  the  center  of  Dexter  street  to 
Richardson  street;  westerly  through  the  center  of  Richardson 
street  to  Pine  street;  southerly  through  the  center  of  Pine  street 
to  the  southern  boundary  line  of  the  city  of  Central  Falls; 
westerly  along  said  line  to  the  place  of  beginning. 

Sec.  12.— CRANSTON. 

The  city  of  Cranston  is  hereby  divided  into  four  representa- 
tive-districts, bounded  and  described  as  follows : — 
Cranston-  First  (1)  '^^^  First  Represeutative-District  of  the  city  of  Cranston  ■ 
shall  consist  of  all  that  part  of  said  city  bounded  by  a  line 
beginning  at  a  point  on  the  Providence-Cranston  boundary 
line  where  the  Elmville  brook  intersects  Park  avenue,  and  ex- 
tending in  a  general  southeasterly,  northeasterly,  and  easterly 
direction  with  said  Providence-Cranston  boundary  Une  to  the 
harbor  line  in  Narragansett  bay;  southerly  with  said  harbor 


District. 


ELECTION    LAWS.  167 

line  to  Pawtuxet  cove;  in  u  general  westerly  tlirection  through 
said  Pawtuxet  cove  and  with  the  center  of  Pawtuxet  river  to  a 
point  where  said  Ehnville  brook  enters  said  Pawtuxet  river; 
nortlierly  Avith  the  center  of  said  Ehnville  brook  to  the  point  of 
beginning. 

(2)  TW  Second  Representative-District  of  the  city  of  C'rans-  danston; 

Second  Dis- 

ton  shall  consist  of  all  that  part  of  said  city  bounded  by  a  line  trict. 
beginning  at  a  point  in  the  Providence-Cranston  bovuidary  line 
wlier(>  said  line  is  intersected  by  Reservoir  avenue,  and  extend- 
ing easterly  and  southerly  with  said  Providence-Cranston  bound- 
ary line  to  a  point  where  Elmville  brook  intersects  said  Provi- 
dence-Cranston boundary  line  at  Park  avenue;  southerly  with 
the  center  of  said  Elmville  brook  to  tJie  Pawtuxet  river;  westerly 
and  southerly  with  the  center  of  said  Pawtuxet  river  and  the 
Warwick-Cranston  boundary  line  to  a  point  where  said  Warwick- 
Cranston  boundary  line  is  intersected  by  Pontiac  avenue; 
northerly  with  the  center  of  said  Pontiac  avenue  to  a  point 
Avhere  said  Pontiac  avenue  is  intersected  by  the  lines  of  the 
New  York,  New  Haven  and  Hartford  Railroad  Co.,  at  HoAvard; 
northerly  in  a  direct  line  across  the  lands  of  the  State  Institu- 
tions to  a  point  in  the  center  of  the  New  London  turnpike 
fifteen  hundred  feet  southwesterly  of  Sockanosset  cross  road; 
northeasterly  with  the  center  of  said  New  London  turnpike  to  a 
point  where  said  turnpike  intersects  said  Sockanosset  cross 
road;  northerly  with  the  center  of  said  Sockanosset  cross  road 
to  its  junction  with  Reservoir  avenue;  northeasterly  with  the 
center  of  said  Reservoir  avenue  to  the  point  of  beginning. 

(3)  The  Third  Representative-District  of  the  city  of  Crans-   Craii.ston; 

Third  District. 

ton  shall  consist  of  all  that  part  of  said  city  bounded  by  a  line 
beginning  at  a  point  in  the  Cranston-Johnston  boundary  line 
where  the  outlet  to  Dyer's  pond  connects  with  the  Pocasset 
river,  and  extending  northerly  and  easterly  Avith  said  Cranston- 
Johnston  boundary  line  to  its  junction  with  the  Providence- 
Cranston  boundary  line;  easterly  and  southerly  with  said  Provi- 


trict 


168  ELECTION  LAWS. 

dence-Cranston  boundary  line  to  a  point  where  said  Providence- 
Cranston  boundary  line  is  intersected  by  Reservoir  avenue; 
southwesterly  with  the  center  of  said  Reservoir  avenue  to  a 
point  where  it  is  intersected  by  the  Pocasset  river;  northerly 
with  the  center  of  said  Pocasset  river  to  a  point  in  the  center 
of  Cranston  street;  northwesterly  with  the  center  of  said  Crans- 
ton street  to  a  point  half  way  between  said  Cranston  street  and 
Haven  avenue;  westerly  in  a  direct  line  running  half  way  be- 
tween said  Haven  avenue  and  Cranston  street  across  said 
Cranston  street  to  the  southerly  boundary  line  of  St.  Ann's 
cemetery;  with  said  southerly  boundary  line  of  St.  Ann's  cem- 
etery to  the  center  of  Randall 's  pond ;  with  the  center  of  Ran- 
dall's  pond  and  Dyer's  pond  to  the  point  of  beginning. 
Fourth^Dis-  (4:)     The  Fourth  Representative-District  of  the  city  of  Crans- 

ton shall  consist  of  all  that  part  of  said  city  westerly  of  a  line 
extending  from  a  point  in  the  Cranston-Johnston  boundary  line 
where  the  outlet  to  Dyer's  pond  connects  with  the  Pocasset 
river,  thence  southerly  with  the  center  of  said  Dyer's  pond  and 
Randall 's  pond  to  a  point  in  a  line  with  the  southerly  bountlary 
of  St.-  Ann's  cemetery;  easterly  with  the  southerly  boundary 
line  of  St.  Ann's  cemetery  across  Cranston  street  in  a  direct 
line  running  half  way  between  said  Cranston  street  and  Haven 
avenue  to  a  point  in  the  center  of  said  Cranston  street;  south- 
easterly with  the  center  of  said  Cranston  street  to  a  point 
where  said  Cranston  street  is  intersected  by  the  Pocasset  river; 
southerly  with  the  center  of  said  Pocasset  river  to  a  point  where 
said  Pocasset  river  intersects  Reservoir  avenue;  southwesterly  . 
with  the  center  of  said  Reservoir  avenue  to  the  junction  of  said 
Reservoir  avenue  and  Sockanosset  cross  road;  southerly  with 
the  center  of  said  Sockanosset  cross  road  to  a  point  where  said 
Sockanosset  cross  road  is  intersected  by  the  New  London  turn- 
pike; southwesterly  with  the  center  of  said  turnpike  to  a  point 
fifteen  hundred  feet  from  said  Sockanosset  cross  road;  southerly 
in  a  direct  line  across  the  lands  of  the  State  Institutions  to  a 


ELECTION    LAWS.  169 

point  wlioro  the  lines  of  the  New  York,  New  Haven  unci  Hartford 
Railroad  Co.  intersect  Pontiac  avenue  at  Howard;  southerly 
with  the  center  of  said  Pontiac  av(>nue  to  the  Warwick-Crans- 
ton boundary  line. 

Sec.  13.— east  PROVIDENCE. 

The  town  of  East  Providence  is  hereby  divided  into  three 
representative-districts,  bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all  EastProvi- 
that  part  of  said  town  bounded  by  a  line  beginning  at  a  point  in  District."^^ 
the  Seekonk  river  where  the  Pawtucket-East  Providence  bound- 
ary lines  intersect,  extending  easterly  on  the  Pawtucket-East 
Providence  line  to  the  Massachusetts-Rhode  Island  boundary 
line;  southerly  on  said  boundary  line  to  Taunton  avenue; 
southwesterly  through  the  center  of  Taunton  avenue  to  a  point 
opposite  the  eastern  line  of  the  East  Providence  town  hall; 
southerly  along  the  easterly  line  of  said  town  hall  to  a  point 
opposite  the  center  of  the  east  and  west  line  of  said  town  hall ; 
westerly  in  the  line  of  and  on  the  said  line  through  the  center 
of  said  town  hall  to  the  westerly  line  of  said  town  hall ;  north- 
erly on  the  westerly  line  of  said  town  hall  to  Taunton  avenue ; 
southwesterly  through  the  center  of  Taunton  avenue  to  Walnut 
street;  northerly  through  the  center  of  Walnut  street  to  Water- 
man avenue;  westerly  through  the  center  of  Waterman  avenue 
to  the  Providence-East  Providence  boundary  line  in  the  See- 
konk river;  northerly  on  said  line  to  the  place  of  beginning. 
(2)   The  Second  Representative-District  shall  consist  of  all  that  East  Provi- 

^    '  ^  dence;  Second 

part  of  said  town  bounded  by  a  line  beginning  at  a  point  in  the  district. 
Seekonk  river  at  the  intersection  of  the  Providence-East  Provi- 
dence boundary  line  and  Waterman  avenue,  extending  south- 
easterly through  the  center  of  Waterman  avenue  to  Walnut 
street;  southwesterly  through  the  center  of  Walnut  strc^et  to 
Taunton   avenue;    easterly    through    the   center   of   Taunton 


170 


ELECTION   LAWS. 


East  Provi- 
dence; Third 
District. 


Cumberland; 
First  District. 


avenue  to  the  lino  of  the  westerly  line  of  the  East  Providence 
town  hall;  southerly  along  said  line  to  a  point  opposite  the 
center  of  the  east  and  west  line  of  said  town  hall;  easterly  in  the 
line  of  and  on  said  line  through  the  center  of  said  town  hall  to 
the  easterly  line  of  said  town  hall;  northerly  in  the  easterly 
line  of  said  town  hall  to  Taunton  avenue;  easterly  through  the 
center  of  Taunton  avenue  to  Broadway;  southerly  through  the 
center  of  Broadway  to  a  point  where  it  crosses  the  inlet  of 
Watchemoket  cove;  southerly  through  said  inlet  and  Watche- 
nioket  cove  to  the  railroad  bridge  over  the  outlet  of  Watche- 
moket cove;  due  west  on  the  line  of  and  through  said  outlet  to 
the  East  Providence  town  line  in  Narragansett  bay;  northerly 
and  northeasterly  on  said  line  to  the  place  of  beginning. 

(3)  The  Third  Representative-District  shall  consist  of  all 
that  part  of  said  town  bounded  by  a  line  beginning  at  a  point  on 
the  Rhode  Island-Massachusetts  state  line  where  Taunton 
avenue  enters  the  town,  extending  southerly  on  said  state  line 
to  its  intersection  with  the  East  Providence-Barrington  bound- 
ary line;  westerly  on  the  East  Providence-Barrington  bountl- 
ary  line  to  the  East  Providence  town  line  in  Narragansett 
bay;  northwesterly  on  said  town  line  to  a  point  in  said  line  due 
east  of  the  railroad  bridge  over  the  outlet  of  Watchemoket 
cove;  easterly  on  the  line  of  and  through  said  outlet  to  Watche- 
moket cove;  northerly  through  said  cove  and  the  inlet  to  said 
cove  to  where  said  inlet  is  crossed  by  Broadway;  northerly 
through  the  center  of  Broadway  to  Taunton  avenue;  easterly 
through  the  center  of  Taunton  avenue  to  the  place  of  beginning. 

Sec.  14.— CUMBERLAND. 

The  town  of  Cuml^erland  is  hereby  divided  into  two  repre- 
sentative-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all 
that  part  of  said  town  lying  south  of  a  line  beginning  at  a  point 


I 


ELECTION    LAW'S.  171 

in  the  center  of  Dexter  street  on  the  Massachusetts-Rhode  Island 
state  hne  where  Dexter  street  enters  the  towTi,  extending  west- 
erly through  the  center  of  Dexter  street  to  Broad  street;  north- 
w<>sterly  through  the  center  of  Broad  street  to  Cross  street; 
southwesterly  through  the  center  of  Cross  street  and  the  line  of 
Cross  street  extended  to  the  boundary  line  between  the  town 
of  Cumberland  and  the  town  of  Lincoln  in  the  Blackstone  river. 

(2)     The  Second  Representative-District  shall  consist  of  all  Cumberland; 

^    '  '■  Second  Dis- 

that  part  of  the  towii  of  Cumberland  not  included  in  the  first  '^"''*^- 
representative-district  of  said  town. 

Sec.  15.— LINCOLN. 

The  town  of  Lincoln  is  hereby  divided  into  two  representa- 
tive-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  of  said  town  shall  Lincoln;  First 

District. 

consist  of  all  that  part  of  said  town  lying  north  of  a  line  begin- 
ning at  a  point  in  the  center  of  the  Ashton  bridge  over  the  Black- 
stone  river  on  the  Lincoln-Cumberland  boundary  line,  extending 
westerly  to  a  point  opposite  a  road  formerly  called  ''Chestnut 
Tree  Lane"  and  more  often  "Stony  Lane,"  in  the  center  of  the 
highway  called  the  Great  Road  or  Smithfield  avenue;  northerly 
through  the  center  of  said  Great  Road  or  Smithfield  avenue  to 
the  junction  of  said  Great  Road  and  Louisquisset  pike;  south- 
westerly to  the  stone  post  on  the  Lincoln-Smithfield  boundary 
line  standing  just  north  of  the  point  where  the  Wilbur  road  in 
said  town  of  Lincoln  crosses  the  Smithfield  line. 

(2)  The  Second  Representative-District  of  said  towai  shall  Lincoln; 

Second  Dis- 

consist  of  all  that  part  of  the  said  town  of  Lincoln  not  included   trict. 
ill  the  first  representative-district  of  said  town. 

Sec.  16.— westerly. 

The  town  of  Westerly  is  hereby  divided  into  two  representa- 
tive-districts, bounded  and  described  as  follows: — 


I 


172 


ELECTION   LAWS. 


Westerly; 
First  District. 


Westerly ; 
Second  Dis- 
trict. 


(1)  The  First  Representative-District  shall  consist  of  all  that 
part  of  said  town  lying  north  and  west  of  a  line  beginning  at  a 
point  on  the  bridge  over  the  Pawcatuck  river  on  the  Rhode 
Island-Connecticut  boundary  line  in  the  center  of  Broad  street, 
extending  southeasterly  through  the  center  of  Broad  street  to 
Granite  street;  northeasterly  and  northerly  through  the  center 
of  Granite  street  to  Tower  street;  easterly  and  northeasterly 
through  the  center  of  Tower  street  to  Oak  street;  easterly 
through  the  center  of  Oak  street  to  its  junction  with  the  Old 
Niantic  road,  so-called;  northeasterly  through  the  center  of 
said  road  to  the  tracks  of  the  N.  Y.,  N.  H.  &  H.  R.  R.  Co.; 
easterly  on  said  tracks  to  the  brook  flowing  from  Chapman's 
pond  into  the  Pawcatuck  river;  through  said  brook  in  a  general 
easterly  direction  to  the  Hopkinton-Westerly  boundary  line 
in  the  Pawcatuck  river;  thence  following  the  Westerly-Hopkin- 
ton  boundary  line  in  a  general  easterly  direction  to  the  Charles- 
town- Westerly  boundary  line. 

(2)  The  Second  Representative-District  shall  consist  of  all 
that  part  of  the  town  of  Westerly  not  included  in  the  first  repre- 
sentative-district of  said  town. 


Sec.  17.— BRISTOL. 


Bristol;   First 
District. 


The  town  of  Bristol  is  hereby  divided  into  two  representa- 
tive-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  shall  consist  of  all 
that  part  of  said  town  bounded  by  a  line  beginning  at  a  point  in- 
the  harbor  line  in  the  southerly  line  of  High  street ;  northerly  in 
the  line  of  and  through  the  center  of  High  street  to  Bayview 
avenue;  easterly  through  the  center  of  Bayview  avenue  to 
Metacom  avenue;  northerly  through  the  center  of  Metacom 
avenue  to  the  road  leading  to  the  Hopeworth  sanatorium,  and 
the  line  thereof  to  the  harbor  line  in  Mount  Hope  bay ;  southerly, 


ELECTION   LAWS.  173 


southwesterly,  northwesterly,  and  northerly-  along  said  harbor 
line  to  the  place  of  beginning. 

(2)  The  Second  Representative-District  shall  consist  of  all 
that  part  of  the  town  of  Bristol  not  included  in  th(^  first  repre- 
sentative-district of  said  town. 


Bristol; 
Second  Dis- 
trict. 


Sec.  18.— BURRILLVILLE. 

The  town  of  Burrillville  is  hereby  divided  into  two  represen- 
tative-districts, bounded  and  described  as  follows: — 

(1)  The  First  Representative-District  of  the  town  of  Burrill-  Burriiiviiie: 
ville  shall  consist  of  all  that  part  of  said  towii  lying  west  and 

south  of  a  line  drawn  from  a  point  in  the  Rhode  Island-Massa- 
chusetts state  line  where  the  line  of  the  first  voting-district  of 
the  towai  of  Burrillville  crosses  said  line,  extending  southeasterly 
in  the  line  of  said  voting-district  to  a  point  on  said  line  where  a 
line  drawn  almost  due  east  intersects  the  southerly  line  of  the 
property  operated  by  the  New  York,  New  Haven  and  Hartford 
Railroad  Co.,  known  as  the  Old  Providence  and  Springfield 
Branch,  directly  opposite  Whipple's  mill;  southeasterly  along 
the  southerly  line  of  said  railroad  property  to  its  intersection 
with  the  branch  of  Tarkiln  brook  flowing  southeasterly  into 
said  brook ;  southeasterly  along  said  branch  to  Tarkiln  brook ; 
southwesterly  along  Tarkiln  brook  to  the  Glocester-Burrill- 
ville  boundary  line;  westerly  along  said  boundary  line  to  the 
Rhode  Island-Connecticut  boundary  line;  northerly  along  said 
boundary  line  to  the  Massachusetts-Rhode  Island  boundary 
line;  easterly  along  said  boundary  line  to  the  place  of  beginning. 

(2)  The   Second   Representative-District   of   the   town   of  Burriiiviiie; 

Second  Dis- 

Burrillville  shall  consist  of  all  that  part  of  said  town  not  included   fict. 
in  the  first  representative-district. 

Sec.  19.  The  secretary  of  state  shall  receive  and  examine 
the  certificates  of  election  of  senators  and  representatives  to  the 
general  assembly  returned  to  his  oflfice  by  the  state  returning- 


174  ELECTION   LAWS. 

statefJlvf-  board,  and  shall  make  separate  lists  of  the  persons  therein 
senators-elect      named  as  elected  to  the  offices  of  senators  and  representatives, 

and  representa- 
tives-elect respectively.     In  case  at  nine  o  'clock  in  the  mornins;  on  the  first 

from  certificate  j.  ^  o 

turuYng-board.  Tuesday  of  January  in  each  year  there  shall  be  no  such  certifi- 
cate received  by  the  secretary  of  state  of  the  election  of  senator, 
representative,  or  representatives,  or  either  or  any  of  them, 
from  any  city  or  town,  the  secretary  of  state  shall  also  place  on 
said  lists,  respectively,  the  names  of  the  persons  then  holding 
the  offices  for  which  there  is  no  certificate  returned  or  received 
as  aforesaid  of  the  election  of  any  other  person  to  said  office. 
stTtetoX'ihrer  Sec.  20.  At  or  before  twelve  o'clock,  noon,  on  the  first 
house  certified     Tucsday  in  January  in  each  j^ear  the  secretary  of  state  shall 

list  of  repre- 
sentatives-elect, certify  and  deliver  to  the  reading-clerk  of  the  house  of  repre- 
sentatives the  list  of  persons,  made  up  as  provided  in  the  pre- 
ceding section  of  this  chapter,  entitled  to  seats  in  the  house  of 
representatives,  and  shall  certify  and  retain  in  his  possession  the 
list  of  persons,  made  up  as  aforesaid,  entitled  to  seats  in  the 
senate. 
tors-ere^tTnd  ^'^^-  ^l.     In  casc  any  person  whose  name  does  not  appear 

tfvp'sTiect  may  ou  Said  Hst  shall,  upou  the  calling  to  order  as  hereinafter  pro- 
be corrected  by        .  . 

secretary  of  vidcd  of  Said  scuate  and  house  of  representatives,  respectively, 
Crganrz^ation  "'^'^  ^^^^^  bcforc  Organization,  present  to  the  secretary  of  state  a  cer- 
tlon'of  proper'    tificatc  of  such  persou  's  election  to  the  office  of  senator  or  repre- 

certificate. 

sentative,  over  the  signatures  of  the  state  returnmg-board,  and 
there  being  no  such  certificate  of  the  election  of  any  other  per- 
son to  said  office  returned  to  or  received  by  the  secretary  of  state 
as  aforesaid,  the  secretary  of  state  in  the  senate,  and  the  read- 
ing-clerk in  the  house  of  representatives,  shall  correct  said  lists, 
respectively,  by  placing  thereon  the  name  of  such  person  pre- 
senting said  certificate  as  senator  or  representative,  as  the  case 
may  be,  from  the  city,  town,  or  representative-district  which  it 
appears  by  said  certificate  he  is  entitled  to  represent,  and  by 
erasing  from  the  list  whereon  it  appears  the  name  of  the  person 
previously  placed  thereon  as  senator  or  representative  by  reason 


roll-call. 


ELECTION    LAWS.  175 

of  no  certificate  of  the  election  of  any  i)erson  to  said  ollice  liav'ng 
been  received  by  the  secretary  of  state. 

Sec.  22.     In  case   anv   person  whose   name   ai)i)(>ars   ui)on  I't^vcesof 

"  abluent  sonators- 

either  of  said  lists  niadt>  up  by  the  secretary  of  state  as  aforesaid  rescntTuve^s-" 

,  J.     i  •  r  •  i        J.  i  elect,  how  to  be 

as  senator  or  representative  irom  any  city,  toAvn,  or  representa-  fiiied  on  first 
tive-district,  by  virtue  or  any  certificate  of  election  returned  to 
the  office  of  or  received  by  the  secretary  of  state  as  aforesaid, 
shall  not  be  present  at  the  time  of  calling  the  roll  of  members  as 
hereinafter  provided,  the  said  list  bearing  the  name  of  such  per- 
son shall  be  further  corrected,  by  the  secretary  of  state  in  the 
senate  and  the  reading-clerk  in  the  house  of  representatives, 
by  substituting  therefor  the  name  of  the  person  then  holding 
said  office. 


8ec.  23.     The  persons  whose  names  appear  upon  said  lists  who 


to  par- 


made  up  and  corrected  as  hereinbefore  provided,  and  no  others,  organization  o7 

senate  and 

shall  be  entitled  to  participate  in  the  organization  of  the  senate  house. 
and  house  of  representatives,  respectively. 

Sec.  24.     On  the  first  Tuesday  in  January  in  each  j-ear  at  Date  of  first 

meeting  of  sen- 

twelve  o'clock,  noon,  the  persons  whose  names  are  borne  on  the  ate  and  house 

'  '  '■  each  year. 

respective  lists  aforesaid  shall  be  admitted  to  take  seats  as 
members  of  the  senate  and  house  of  representatives,  respectively, 
and  such  persons  shall  assemble  at  said  time  in  their  respective 
chambers  at  Providence  and  take  their  engagement  of  office 
before  the  secretary'  of  state,  attorney-general,  or  some  person 
authorized  by  law  to  administer  oaths. 

Sec.  25.     At  the  time  specified  in  the  preceding  section  of  Proceedings  to 

be  observed  in 

this  chapter,  the  senate  shall  be  called  to  order  by  the  lieuten-  ^J^^^]^'"«=  ^^"^ 
ant-governor,  or  in  his  absence  by  the  secretary  of  state.  The 
roll  of  members  as  appears  by  said  list  of  senators  shall  then  be 
called  by  the  clerk,  and  said  list  shall  be  corrected  by  the  secre- 
tary of  state  as  hereinbefore  provided.  In  the  absence  of  the 
lieutenant-governor,  the  senate  shall  then  proceed  to  elect  one  of 
their  members  to  preside.  If  twenty  of  the  members  whose 
names  appear  upon  said  lists  are  present,  but  not  otherwise,  the 


176 


ELECTION    LAWS. 


Senate  to  elect 
clerk  and 
notify  house  of 
its  organiza- 
tion. 


Proceedings  to 
be  observed  in 
organizing  the 
ho\ise. 


Speaker,  how 
chosen. 


Penalty  for 
violating  pro- 
visions of  this 
section. 


senate  then  shall  organize  by  electing  a  clerk,  and  shall  forthwith 
notify  said  house  of  representatives  that  it  is  duly  organized  and 
ready  to  proceed  with  the  business  of  the  session.  Said  clerk 
shall  hold  office  for  one  year,  and  until  his  successor  is  elected 
and  qualified. 

Sec.  26.  At  the  time  specified  in  section  twenty-four  of  this 
chapter,  the  house  of  representatives  shall  be  called  to  order  by 
the  senior  member  in  continuous  service  present  from  Newport, 
and,  if  there  is  no  member  present  from  Newport,  by  the  senior 
member  of  saitl  house  in  continuous  service  present.  The  roll 
of  members  as  appears  by  said  list  of  representatives  shall  then 
be  called  by  the  reading-clerk,  and  said  list  shall  be  corrected  by 
the  reading-clerk  as  hereinbefore  provided.  If  it  shall  appear 
that  fifty-one  of  the  members  whose  names  are  upon  said  list 
are  present,  but  not  otherwise,  the  member  calling  the  house  of 
representatives  to  order  as  hereinbefore  provided  shall  call  for 
nominations  for  the  office  of  speaker,  and  receive  the  ballots  of 
the  members  whose  names  are  on  said  list  for  that  office,  and 
after  said  ballots  have  been  counted  by  him  and  by  the  clerks 
of  said  house,  he  shall  declare  the  result,  and  the  balloting  shall 
continue  until  some  person  shall  receive  a  majority  of  all  the 
ballots  cast,  and  the  person  receiving  such  majority  shall  be  the 
speaker  of  said  house.  The  member  so  calling  said  house  to 
order  shall  not  receive,  entertain,  or  put  to  vote,  any  motion  or 
question  whatever,  or  point  of  order,  while  acting  as  presiding 
officer,  and  any  such  member  violating  any  of  the  foregoing 
provisions  of  this  section,  or  allowing  any  person  whose  name  is 
not  upon  said  list  to  participate  in  the  organization  of  said  house 
or  to  cast  any  ballot  for  speaker,  or  who  shall  allow  to  be  used 
in  the  organization  of  said  house  any  list  of  members  not 
prepared  and  corrected  as  provided  in  this  chapter,  shall  be 
imprisoned  not  less  than  one  year  nor  more  than  three  years; 
and  any  clerk  or  other  person  who  shall  use  any  such  list  in  the 
organization   of   said   house,    or   who   shall   fraudently   alter. 


ELECTION    LAWS.  177 

secrete,  or  destro}'  an}-  list  of  members  preparctl,  or  prepared  and 
corrected,  as  hereinbefore  provided,  shall  be  punished  by  like 
imprisonment.  Immediately  ujion  the  election  of  a  speaker 
the  house  of  representatives  shall  proceed  to  elect  by  ballot 
a  reading-clerk  and  a  recording-clerk,  and  upon  the  election  of  a 
si)eaker  and  clerks  as  herein  provided,  said  house  shall  be  deemed 
to  lie  organized,  and  shall  forthwith  notify  the  senate  that  it  is  dmeciU^" 
duly  organized  and  ready  to  proceed  with  the  business  of  the  ate  notified  of 

its  organiza- 

session.     Said  clerks  shall  hold   office  for  one  year,  and  imtil  *'"°- 
their  successors  are  elected  and  qualified. 
Sec.  27.     The  respective  houses  may  fill  vacancies  in  the  Kach  house 

has  power  to 

said  offices  as  they  occur.  mi  vacancies 

*'  in  its  offices. 

Sec.  28.     Immediately  after  the  organization  of  the  senate  Grand  commit- 

and  house  of  representatives  and  notice  thereof  as  aforesaid,   once  after  or- 
ganization for 

the  senate  shall  join  the  house  of  representatives  in  grand  ductiT'' "eLwai 
committee,  for  the  purpose  of  inducting  the  persons  elected  into  ImTJ.^ "^*° 
their  respective  offices,  and  of  electing  general  officers  in  case 
of  a  failure  to  elect  by  the  electors  at  the  general  election. 

Sec.  29.     The  list  of  members  of  the  senate  and  of  the  house  Certified  list  of 

senators  and 

of  representatives  prepared  and  corrected  as  herein  provided,  [o'^rM^fall,''*'^^^ 

shall  continue  to  be  the  lists  of  members  of  the  senate  and  of  cha'nged'by 

said  house,  respectively,  mitil  altered  by  vote  of  the  respective  tive  houses. 

houses,  and  any  secretary  of  state  who  shall  willfully  fail  to  Penalty  for 

failure  to  make 

prepare  and  correct  such  lists  according  to  the  provisions  of  this  "p.  =*"^  correct 

'       ^  CT  1  l,g^g  Qf  senators 

chapter,  or  to  do  any  other  thing  in  relation  to  such  lists  herein  ^ives'^^rpro-"**" 
provided  to  be  done  by  him,  or  who  shall  fraudulently  place  chapter. 
upon  any  of  such  lists  the  name  of  any  person  not  provided  here- 
in to  be  placed  thereon,  or  who  shall  fraudulently  neglect  to  place 
upon  any  of  such  lists  the  name  of  any  person  so  entitled  to  be 
placed  thereon,  shall  be  imprisoned  not  less  than  one  nor  more 
than  three  years. 

Sec.  30.     The   foregoing    provisions    of    this   chapter   are   fhTchTpte?^ 
mandatory  and  not  merely  directory. 


178 


ELECTION   LAWS. 


Attendance  of 
senators-elect 
and  representa- 
tives-elect may 
be  compelled. 


Senators  and 
representatives 
absent  at  or- 
ganization to 
take  engage- 
ment before 
acting  in  their 
oflBces. 

Form  of  en- 
gagement to  be 
taken  by  sena- 
tors and  repre- 
sentatives. 


Sheriffs  and 
deputies  to 
attend  sessions 
of  the  general 
assembly. 


Sec.  31.  The  attendance  of  senators-elect  and  representa- 
tives-elect, and  of  senators  and  representatives,  may  be  com- 
pelled by  warrant  for  that  purpose  under  the  hand  of  the  pre- 
siding officer  for  the  time  being  of  the  senate  or  house  of  repre- 
sentatives, as  the  case  may  be,  directed  to  any  sheriff  or  deputy- 
sheriff,  which  warrant  may  be  executed  by  such  officer  in  any 
county. 

Sec.  32.     Senators  and  representatives  not  present  at  the 
first  meeting  of  the  respective  houses  shall,  after  presenting  the  j 
evidence  of  their  election,  take  the  engagement  of  office  before  i 
they  shall  act  in  their  respective  offices.  '; 

Sec.  33.  The  following  shall  be  the  form  of  engagement  to  : 
be  taken  by  the  senators  and  representatives: — You  being  i 
chosen  to  the  place  of  [naming  the  office]  in  the  general  assembly,  | 
do  solemnly  swear,  {or,  affirm)  that  you  will  be  true  and  faithful 
to  this  State  of  Rhode  Island  and  Providence  Plantations;  : 
that  you  will  support  the  constitution  of  the  United  States,  ?i 
and  the  constitution  and  laws  of  this  state,  and  that  you  will  |j 
faithfully  and  impartially  discharge  the  duties  of  your  aforesaid  I 
office,  to  the  best  of  your  abilities,  according  to  law:  So  help  ) 
you  God.  [Or:  this  affirmation  you  make  and  give  under  peril  ] 
of  the  penalty  of  perjury.  '■ 

Sec.  34.  The  number  of  sheriffs  or  their  deputies  who  shall  ' 
attend  upon  the  general  assembly,  at  any  session  thereof,  shall  j 
not  exceed  three  in  both  chambers,  unless  by  special  order  of  ■j 
the  general  assembly:  Provided,  that  only  actual  attendance  j 
shall  be  paid  for,  ,    ,^ 


Election  laws.  179 

EXTRACTS  FROM  TITLE  VIII. 

Of  Towns  and  Town  Officers. 

CHAPTER    47.  Gen.  Law. 

1896,  Ch.  37. 

Of  Calling  and  Warning  Town  Meetings. 

Section  1.     A  toA\ii  meeting  shall  be  annually  held  in  each  Annual  town 
town,  for  the  election  of  such  town  officers  as  are  or  may  be  by   deoUon  oT 

officers. 

law  required. 

Sec.  2.     Such  meetings  shall  be  held  at  such  time  as  is  or  when  to  be 
may  be  by  by-law  or  vote  provided,  unless  otherwise  directed 
by  law. 

Sec.  3.     If,  on  the  day  of  annual  election  of  town  officers,  four^ned^'*' 
any  town  shall  fail  to  make  an  election  of  town  clerk,  town   ^^  ^  ^  ^^^• 
council,  justices  of  the  peace  or  town  treasurer,  the  meeting 
may  be  adjourned  for  the  purpose  of  completing  the  election  of 
those  officers,  but  of  no  others,  from  day  to  day,  not  exceeding 
three  days  beyond  the  first  day  of  meeting. 

Sec.  4.     Town  meetings,  other  than  said  annual  meetings,   other  town 

,.  Ill  •  meetings. 

shall  be  held  at  such  times  as  are,  or  may  be,  by  the  constitu- 
tion or  by  law  required,  or  may  be  called  in  the  manner  herein- 
after provided. 

Sec.  5.     Town  clerks  shall  cause  the  electors  of  their  respect-  Townoierkto 

notify  of  town 

ive  towns  to  be  notified  of  every  town  meeting  which  shall  be  meetings. 
prescribed  by  law,  and  also  of  all  other  town  meetings  which 
shall  be  legally  called. 

Sec.  6.     Whenever  the  town  council,  or  whenever  seven  of  Town  meetings, 
the  electors  of  any  town  consisting  of  less  than  three  thousand  notified. 
inhabitants,  or  five  per  cent,  of  the  electors  of  any  town  con-  7si,  May  si, 
sisting  of  more  than  that  number,  shall  make  a  request  in  writ- 
ing for  the  calling  of  a  town  meeting  to  transact  any  business 
relating  to  such  town  in  respect  of  which  they  shall  have  a  right 
to  vote,  and  direct  the  same  to  the  to^vn  clerk,  such  town  clerk 


1900. 


i 


180 


ELECTION  LAWS. 


How,  if  sub- 
ject acted  on 
within  six 
months. 


Notice  of  a 
meeting  pre- 
scribed by  law, 
how  to  be 
given. 


Of  notice  of 
called  town 
meetings. 
Pub.  Laws, 
852,  March  29. 
1901. 


Meetings  called 
by  request, 
held  when. 


Warrant,  how 
issued,  to  fill 
vacancy  in 
office  of  town 
clerk. 


Penalty  for 
neglect  to  issue 
and  serve  war- 
rant for  meet- 
ing. 


shall  cause  the  electors  to  be  notified  of  the  time  when  and  the 
place  where  the  same  is  to  be  holden,  and  of  the  business  pro- 
posed to  be  transacted  therein. 

Sec.  7.  No  special  town  meeting  shall  be  called  without  the 
consent  of  the  town  council,  if  the  subject  or  any  of  the  sub- 
jects proposed  to  be  considered  at  such  special  town  meeting, 
shall  have  been  acted  on  by  the  town  at  any  time  within  six 
months  previous  to  the  time  of  such  proposed  call. 

Sec.  8.  The  notice  to  the  electors  to  meet  in  a  town  meeting 
prescribed  by  law,  shall  be  given  by  the  town  clerk  issuing  his 
warrant,  directed  to  the  town  sergeant  or  one  of  the  constables 
of  such  town,  requiring  him  to  post,  at  least  seven  days  before 
the  day  appointed  for  such  meeting,  written  notifications  in  three 
or  more  public  places  in  the  town,  of  the  time  when  and  place 
where  said  meeting  is  to  be  holden  and  of  the  business  required 
by  law  to  be  transacted  therein. 

Sec.  9.  The  notice  of  meetings,  when  called  by  request  as 
aforesaid,  shall  be  given  in  the  manner  provided  for  meetings 
prescribed  by  law\  In  towns  in  which  the  hour  of  meetings 
prescribed  by  law  is  fixed  by  law,  meetings  called  by  request 
shall  be  held  at  the  same  hour.  In  other  towns  such  meetings 
shall  be  held  at  the  hour  named  in  the  request.  At  all  meetings 
called  by  request  only  the  business  stated  in  the  warrants 
directing  the  calling  of  such  meetings  shall  be  acted  upon. 

Sec.  10.  Whenever  any  town  clerk  shall  be  removed  by 
death  or  otherwise,  the  town  treasurer  of  the  town  shall  issue 
his  warrant  to  warn  the  electors  to  assemble  in  town  meeting, 
to  choose  a  town  clerk  in  the  room  of  him  so  removed,  which 
warrant  shall  be  directed  as  aforesaid. 

Sec.  11.  Every  town  clerk  or  town  treasurer  who  shall 
neglect  or  refuse  to  issue  a  warrant  as  above  directed,  and  every 
town  sergeant  or  constable  who  shall  neglect  or  refuse  to  serve 
the  same  as  above  required,  shall  forfeit  for  each  neglect  fifty 
dollars;  to  be  recovered,  one-half  thereof  to  the  use  of  the  town 


ELECTION   LAWS.  181 

and  one-half  thereof  to  the  use  of  the  person  who  shall  sue  for 
the  same. 

Sec.  12.     No  vote  shall  be  passed  in  any  town  meetmg  con-  of  meetings  to 

levy  taxes  or  to 

cerning  the  disposing  of  the  town's  land  or  making  a  tax,  dispose  of  town 
unless  special  mention  be  made,  and  notice  thereof  given,  in  the   i7  R.  i.  423. 

19  K.  I.  453. 

warrant  issued  for  the  warning  of  such  meeting;  and  the  town 
clerk  of  every  town  shall  grant  such  warrant,  except  in  cases 
where  the  law  otherwise  directs;  which  warrant  shall  be  directed 
to  the  town  sergeant,  or  to  one  of  the  constables  of  the  town. 

CHAPTER    48.  Oen.  Laws, 

1896,  Ch.  38. 

Of  the  Quorum,  Government  and  Conduct  of  Town  Meet- 
ings,  AND  of    PrGANIZATION    AND    GOVERNMENT    OF  WaRD 

Meetings. 

Section  1.     Whenever  the  inhabitants  of  any  town  do  not   How  many 

electors  to  con- 

exceed  three  thousand  by  the  last  census,  whether  national  or  ^ee"ing.*°''° 
state,  preceding  the  holding  of  a  towTi  meeting,  seven  electors  at  ^ties!"" '° 
least  shall  be  necessary  to  constitute  a  legal  town  meeting;  and 
whenever  the  inhabitants  of  any  town  shall  exceed  that  number, 
fifteen  electors  at  least  shall  be  necessary  to  constitute  such 
meeting:  Provided,  that  whenever  both  the  warden  or  modera- 
tor and  clerk  of  any  ward  or  district  meeting  held  in  any  city 
or  town  are  present,  they  shall  constitute  a  quorum  for  the 
opening  of  the  polls  for  voting  for  all  civil  officers,  except  for 
warden  and  clerk. 

Sec.  2.     At  the  annual  town  meeting  of  each  town,  there  Moderator, 

.  .  when  to  be 

shall  be  chosen  a  moderator  to  preside  m  all  the  town  meetings  chosen. 
for  the  year,  and  until  his  successor  is  elected  and  qualified. 

Sec.  3.  (As  amended  by  Section  35,  Chapter  640,  and 
Section  1,  Chapter  G77,  Public  Laws.)  Voting-district  modera- 
tors and  clerks,  and  moderators  and  clerks  of  representative- 
districts  in  any  city  other  then  the  cities  of  Providence  and 


182  ELECTION   LAWS. 

derkffor"'^^  """"^  Pawtucket,  aiicl  in  any  to^\•Il  divided  into  representative-dis- 

into  representa-  ti'icts,  shall  be  elected  annually  by  and  from  the  qualified  elec- 
tive-districts, 
and  cities  other  tors  of  their  rcspcctive  districts  on  the  day  of  the  annual  elec- 

than  Frovi-  ^  "^ 

fuckluhiw^''^'  tion  of  city  or  town  officers  in  such  city  or  town;  they  shall 
hold  their  offices  as  prescribed  in  the  charter  of,  or  special  or 
general  law,  applicable  to  such  city  or  town  respectivelj- ; 
and  the  voting  for  them  shall  continue  during  the  whole  time 
limited  by  law  for  voting  on  the  day  of  such  election.  They 
shall  be  engaged  to  the  faithful  and  impartial  discharge  of  the 
duties  of  their  office  and  to  support  the  constitution  and  laws 
of  the  state  and  the  constitution  of  the  United  States. 
vasl^rl  may'^ap-  Whencvcr  votiug-district  moderators  and  clerks,  and  modera- 
tor? and^cierk's,  tors  and  clerks  of  representative-districts  have  not  been  elected 

when.  .  1       1  1       p  c        •  1      • 

ni  any  city  or  town,  the  board  of  canvassers  of  .psaid  city  or  town 
shall  appoint  such  officers,  at  least  ten  days  before  any  election, 
or  district  or  town  meeting,  and  such  officers  shall  hold  office 
until  the  appointment  or  election  of  their  successors, 
poinredm  111  the  citics  of  Providciicc  and  Pawtucket,  at  least  ten  days 

Providence  and  ,  .  •  i  i  i      c 

Pawtucket  by     prior  to  evcry  election,  there  shall  be  appointed  by  the  board  of 
re*gfstra,tk)n        canvassers  and  registration  thereof,  respectively,  a  moderator 
and  a  clerk  for  each  voting-district  who  shall  be  of  different 
political  parties;  and  who  shall  be  qualified  electors  in  the  dis- 
trict for  which  they  are  appointed. 

Such  moderators  and  clerks  shall  each  be  able  to  read  the 
constitution  of  the  state  in  the  English  language,  and  to  write 
their  names.  Every  person  appointed  as  aforesaid  shall  be 
forthwith  notified  of  his  appointment  and  shall,  at  least  three 
days  before  any  election  at  which  he  shall  have  been  appointed 
to  serve,  accept  or  decline  said  appointment,  and  shall  be, 
at  least  three  days  prior  to  said  election,  sworn  to  the  faith- 
ful discharge  of  his  duties  by  some  member  of  said  board 
making  such  appointment.  In  case  any  person  appointed  as 
aforesaid  shall  neglect  to  qualify,  or  shall  be  unable  or  fail  to 
serve,  the  vacancy  shall  be  filled  by  the  board  making  such 


I 


ELECTION    LAWS.  183 

appointniont,  and  such  appointee  shall  be  of  the  same  political   fiMed"*^''^^'  ^"^ 
party  as  the  person  failing  to  qualify,  and  shall,  before  serving, 
qualify  before  some  nienil)er  of  said  board. 

Sec.  4.     In  the  city  of  Providence  at  least  ten  days  prior  to  Pub.  Laws, 

798,Seo,  4,  June 

every  election  there  shall  be  appointed  by  the  board  of  can-   i=^-  isoo. 

Wardens  and 

vassers  and  registration  of  said  city  a  warden  and  clerk  for  each   clerks  in  cities 

ol  Providence 

voting-district  who  shall  be  of  different  political  parties.     In   hot  ^^ppo^n^d' 
the  city  of  Pawtucket  the  warden  antl  clerk  shall  be  appointed   -''  ^-  ^-  '^'^^■ 
by   the    board    of   canvassers   and   registration   as    provided 
by  sections  thirty-five  to  forty-five  of  chapter  eight. 
Sec.  5.     (As  amended  by  Section  36,  Chapter  640,  Public    Moderators  and 

^  -'  >  I  ?  clerks  in  towns 

Laws.)     Moderators  and  clerks  of  voting-districts  in  towns  not  r,°t*o1-eprestn- 
divided  into  representative-districts  shall  be  elected  annually,   to  b^eie'^tld  ^ 

annually  at 

by  and  from  the  qualified  electors  of  their  respective  votmg-  town  election. 
districts,  on  the  day  of  the  annual  election  of  town  officers  in  the 
several  towns. 

Sec.  6.     In  towns  which  do  not  elect  their  officers  by  secret  How  to  be 

voted  for  in 

ballot,  the  names  of  the  candidates  for  warden  or  moderator,    t"wnsnot 

'  '     electing  town 

and  clerk,  as  aforesaid,  shall  be  written  or  printed  upon  one  sfHretbaUot. 

piece  of  paper;  and  the  ballots  shall  be  by  the  voter  deposited 

in  the  ballot-box  in  such  manner  that  the  warden  or  moderator 

can  distinctly  see  that  the  voter  deposits  but  one  ballot  of  a 

kind. 

Sec.  7.     The  votes  for  warden  or  moderator  and  clerk  sliall   Votes,  how 

counted;   result, 

be  counted  by  the  then  warden  or  mo'  lerator,  and  clerk,  and  the   'j\"''i'i,'i"''i;o^v^' 
result  declared  in  open  ward  or  district  meeting;  and  the  ballots  ''"^i'^^^''^ "f • 
shall  be  sealed  up  and  delivered  to  the  town  clerk  by  the  district 
clerk  with  the  ballots  for  other  officers. 

Sec.  8.     The  term  of  office  of  the  warden  or  moderator,  and   ^^'""  ° 
clerk,  as  aforesaid,  then  elected,  shall  commence  at  the  first 
regular  ward  or  district  meeting  held  thereafter  for  the  election 
of  officers,  and  shall  continue  until  their  successors  are  elected 
and  qualified,  unless  otherwise  provided  by  law. 


184 


ELECTION   LAWS. 


Moderator  to 
preside  at  all 
elective  meet- 
ings. 


Proceedings  to 
be  taken  in  ab- 
sence of  moder- 
ator or  clerk  of 
town  not  di- 
vided into  vot- 
ing-districts. 


Of  a  voting  dis- 
trict in  town 
not  divided  into 
representative- 
districts. 


Of  a  represen- 
tative district, 
or  of  a  voting- 
district  in  a 
representative- 
district. 


Officer  pro  tem- 
pore, to  be  duly 
sworn. 


New  election 
in  case  of  cer- 
tain vacancies. 


Sec.  9.  (As  amended  by  Section  37,  Chapter  640,  Public 
Laws.)  In  all  meetings  of  the  electors  or  voters  in  a  town, 
representative-district,  or  voting-district,  the  moderator  of  such 
meeting  shall  preside. 

Sec.  10.  (As  amended  by  Section  38,  Chapter  640,  and 
Section  1,  Chapter  850,  Public  Laws.)  In  case  of  the  absence  of 
the  moderator  or  of  the  clerk  of  any  town  meeting,  of  a  town  not 
divided  into  voting-districts,  the  town  meeting  may  elect  a 
moderator  or  clerk  pro  tempore,  and  the  town  clerk  shall  pre- 
side at  such  election  of  the  moderator. 

In  case  of  the  absence  of  the  moderator  or  of  the  clerk  of  a 
voting-district  in  a  town  not  divided  into  representative-dis- 
tricts, the  voting-district  meeting  may  elect  a  moderator  or 
clerk  pro  tempore,  and  the  clerk  shall  preside  in  such  election  of 
a  moderator.  Five  electors  at  least  shall  be  necessary  to  con- 
stitute a  quorum  for  the  purpose  of  electing  such  moderator 
or  clerk  pro  tempore. 

In  case  of  the  absence  of  the  moderator  or  of  the  clerk  of  a 
representative-district  or  of  a  voting-district  in  a  representative- 
district  divided  into  voting-districts,  the  district  meeting  may 
elect  a  moderator  or  clerk  pro  tempore,  and  the  clerk  shall 
preside  in  such  election  of  a  moderator.  Five  electors  at  least 
shall  be  necessary  to  constitute  a  quorum  for  the  purpose  of 
electing  such  moderator  or  clerk  pro  tempore. 

The  officer  so  elected  shall  be  sworn  to  the  faithful  discharge 
of  his  duties  by  any  person  authorized  to  administer  oaths,  and 
shall  hold  office  in  the  cities  of  Providence  and  Pawtucket  until 
a  moderator  or  clerk  is  appointed  by  the  board  of  canvassers  and 
registration  thereof,  respectively,  and  in  all  other  such  cities  and 
towns  until  the  election  and  qualification  of  his  successor. 

Sec.  11.  (As  amended  by  Section  39,  Chapter  640,  Pubhc 
Laws.)  In  case  of  the  death,  resignation,  or  permanent  dis- 
ability of  the  moderator  of  any  town,  or  of  the  moderator  or 
clerk  of  any  representative-district  except  in  the  cities  of  Provi- 


ELECTION    LAWS.  185 

(ionce  and  Pawtucket,  or  of  any  voting-district  in  any  town  not 
di\'ide(l  into  representative-districts,  the  town  or  district  may 
proceed  to  a  new  election. 
Sec.  12.     Every  moderator  or  warden  shall  have  power  to  Powers  of 

1  ij^iii-  i<i  ,•  ».  moderator  and 

manage  and  regulate  the  busmess  oi  each  meetmg,  coniormmg  warden, 
to  law,  and  to  maintain  peac(^  and  good  order  therein. 
Sec.  13.     If  any  person  shall  conduct  himself  in  a  disorderly  Disorderly 

•^      persons. 

manner  in  any  town,  district  or  ward  meeting,  the  moderator 
or  warden  may  order  him  to  withdraw  from  the  meeting; 
and,  on  his  refusal  may  order  the  town  sergeant,  or  any  con- 
stable present,  or  any  other  persons,  to  take  him  from  the 
meeting  and  to  confine  him  in  some  convenient  place  until  the 
meeting  shall  be  adjourned;  and  the  j^erson  so  refusing  to  with- 
draw shall,  for  each  offence,  be  fined  not  exceeding  twenty 
dollars. 

Sec.  14.     The  moderator  of  every  town  meeting  shall,  on  a   Moderator,  how 

"  '  to  conduct  in 

motion  being  made  and  seconded,  relative  to  any  business  tkfnma^d^'*' 
regularly  before  such  meeting,  after  having  heard  all  the  electors 
entitled  to  vote  thereon  who  shall  be  desirous  of  being  heard, 
cause  the  votes  of  the  electors  present  to  be  taken  thereon. 
Whenever  any  question  shall  be  pending  in  any  town  meeting 
involving  an  expenditure  of  money,  or  the  incurring  of  liability 
by  the  town,  or  the  disposition  of  town  property,  the  same 
shall  be  taken  by  ballot,  if  a  ballot  be  called  for  and  the  call  be 
seconded  by  at  least  five  per  centum  of  the  electors  qualified  to 
vote  on  the  pending  question. 

Sec.  15.     In  all  town  elections,  and  on  all  questions  to  be  vote,  how 

taken  in  town 

decided  by  ballot,  the  elector  voting  shall  present  his  ballot  to  elections,  and 

^  .-J  i  when  vote  is 

the  moderator  or  warden  without  his  name  being  written  on  the  ^^  '^'^"°*' 
back  or  face  of  his  ballot,  and  the  ballots  shall  be  received  by, 
and  the  ballot-boxes  shall  be  in  charge  of,  the  moderators  or 
wardens  only;  and  like  proceedings  shall  be  had  in  such  cases 
and  in  all  town  meetings,  as  far  as  may  be,  as  are  prescribed  in 
.sections,  one,  two,  eleven,  twelve  and  thirteen  of  chapter  nine. 

24 


186 


ELECTION   LAWS. 


Majority  neces- 
sary, excepting 
elections. 


Town  clerk 's 
certificate  of 
proceedings  of 
town  meeting. 


To  govern  elec- 
tions by  secret 
ballot,  how  far. 


Sec.  16.  All  questions  relating  to  town  affairs,  excepting' 
elections,  shall  be  decided  by  a  majority  of  the  votes  of  the! 
electors  present  entitled  to  vote  on  the  question.  i 

Sec.  17.  A  copy  of  the  record  of  the  proceedings  of  any  \ 
town  meeting,  duly  certified  by  the  town  clerk,  shall  be  evidence  < 
of  any  act  or  vote  of  such  town  in  town  meeting  assembled,  J 
recited  in  such  copy,  and  the  certificate  of  the  town  clerk  that  j 
no  town  meeting  has  been  held  to  consider  any  subject  in  saidj 
certificate  mentioned,  or  that  no  vote  of  the  town  has  been  taken  | 
upon  such  subject,  shall  be  evidence  of  the  fact  therein  stated. ' 

Sec.  18.  The  provisions  of  this  chapter  shall  govern  elec-i 
tive  meetings  held  in  accordance  with  the  provisions  of  chapter  ] 
eleven,  if  and  so  far  as  they  are  applicable,  and  not  inconsistent  ,1 
with  the  provisions  of  said  chapter  eleven.  j 


Gen.  Laws, 
1890,  Ch.  39. 
10  R.  1.  101. 
13  R.  1.  318. 
16  R.  L  591. 


What  town 
officers  and 
when  to  be 
chosen. 

15  R.  I.  394. 

16  R.  L  453. 


CHAPTER  49. 

Of  the  Election  and  Qualification  of  Town  Officers. 

Section  1.  The  electors  in  each  town  shall  annually,  on 
their  town  election  days,  choose  and  elect  as  many  town  officers 
as  by  the  laws  of  the  state  are  or  shall  be  required ;  that  is  to  say, 
a  moderator  to  preside  in  all  the  meetings  of  the  town,  and  a 
town  clerk,  a  town  council  to  consist  of  not  less  than  three  nor 
more  than  seven  members,  a  town  treasurer,  a  town  sergeant, 
a  town,  sealer  of  weights  and  measures,  one  or  more  auctioneers, 
such  a  number  of  assessors  of  taxes,  not  less  than  three  nor  more 
than  seven,  as  may  be  deemed  necessary,  one  or  more  collectors 
of  taxes,  one  or  more  corders  of  wood,  one  or  more  packers  of 
fish,  one  or  more  pound  keepers,  one  sealer  of  leather,  and  as 
many  constables,  overseers  of  the  poor,  viewers  of  fences,  gangers 
of  casks  and  all  such  other  officers  as  by  law  are  required  in  such 
town  and  as  each  or  any  town  shall  have  occasion  for,  including 
persons  to  superintend  the  building  of  chimneys  and  placing  of 
stoves  and  stove-pipes. 


ELECTION    LAWS.  187 

Sec.  2.     In  towns  not  divided  into  voting-districts,  and  in  forTow^busl-^* 

ncss  in  towns 

which  town  meetings  for  the  election  of  town  officers  and  for  the   not  divided 

into  voting-dis- 

transaction  of  town  business  are  held  on  the  Tuesday  next  after  confllnt^with 
the  first  Monday  in  November,  such  town  meetings  shall  be  so  secret^blii^t. 
held  and  conducted  as  not  to  interfere  or  conflict  with  elections   s,52  March  29, 

1901- 

held  on  said  day  under  the  provisions  of  chapter  eleven. 

Sec.  3.     Such  towns  are  hereby  authorized  to  elect  an  assist-  mod?rator"may 
ant  moderator,  who  may  preside  at  such  toAvn  meetings  held  on  pub'^Laws, 

852,  March  29, 

the  Tuesday  next  after  the  first  Monday  m  November,  annually,    i9oi. 
for  the  election  of  toAvai  officers  and  the  transaction  of  town 
business,   and  with   like  power  and  authority   in  such   town 
meetings  as  moderators  would  have. 

Sec.  4.     A  duplicate  list  of  the  qualified  electors  in  each  of  i^gi}|gt\*ob'e°*" 
the  aforesaid  towns  shall  be  prepared  for  use  in  town  meetings  p^'^'P''"''''^- 
held  under  the  provisions  of  the  two  sections  next  preceding; 
and  all  the  provisions  of  law  relative  to  the  preparation,  fur- 
nishing and  use  of  voting-hsts  shall  apply  to  such  duplicate 
Usts. 

Sec.  5.     Justices  of  the  peace  chosen  by  any  town  shall  be  ■^"^^'J'®^  °^  *^^ 
chosen  at  the  time  of  electing  to^vn  officers,  and  shall  hold  their 
offices  for  one  year. 

Sec.  6.     The  town  clerk  shall  forthwith  make  a  return  of  the  thereof.'" 

names  of  the  justices  of  the  peace  so  chosen,  to  the  secretary  of 

state. 

Sec.  7.     If  a  vote  by  ballot  be  demanded  in  the  election  of  a   Baiiot  for  mod- 
erator and  town 
moderator  or  town  clerk,  a  separate  vote  shall  be  taken  in  each  t^'erk. 

case.     The  mayor  of  every  city  and  the  president  of  the  town 

council  of  every  town  shall,  as  soon  as  may  be  after  the  election 

of  city  clerk  or  town  clerk  of  such  city  or  town,  send  to  the  Election  to  be 

•^  -'  '  certified. 

secretary  of  state  a  certificate  of  the  election  of  such  city  or 
town  clerk,  which  certificate  shall  be  kept  on  file  in  the  office  of 

,1  ,  c    j_    i  Number  of  the 

the  secretary  oi  state.  town  council 

.,     and  justices  of 

Sec.  8.     Before  the  election  of  members  of  the  to'svTi  council   the  peace  to  be 

determined. 

or  justices  of  the  peace  is  begun  at  the  annual  town  meeting,    }g|^  j^fg- 


188 


ELECTION   LAWS. 


Order  of  the 
election  of  town 
council. 


Order  of  the 
election  of  jus- 
tices of  the 
peace. 


Of  election  of 
justices  in 
cities,  and  in 
towns  divided 
into  voting- 
districts. 


Of  ballots  for 
council  and 
justices. 


When  and  what 
officers  shall 
and  may  be 
elected  by  town 
council. 


the  electors  shall  determine  the  number  of  such  officers  to  be 
elected. 

Sec.  9.  The  members  of  the  town  council  shall  be  chosen 
next  in  order  after  the  election  of  town  clerk;  and  in  choosing 
them  the  vote,  whether  by  ballot  or  otherwise,  shall  be  taken  for 
the  whole  number  at  the  same  time;  and  if  by  ballot,  the  names 
of  all  the  persons  voted  for  by  any  one  elector  shall  be  placed 
upon  one  ballot. 

Sec.  10.  The  justices  of  the  peace  shall  be  next  chosen,  and 
in  the  same  manner;  but  the  ballots  for  the  members  of  the  town 
council,  justices  of  the  peace  and  for  any  other  officers,  may  be 
deposited  in  the  ballot-box  at  the  same  time  if  so  ordered  by  the 
town. 

Sec.  11.  In  cities,  the  number  of  justices  of  the  peace  to  be 
elected  shall  be  fixed  by  the  city  councils,  and  in  towns  divided 
into  districts  for  the  purpose  of  voting,  by  the  town  councils, 
and  the  voting  shall  be  conducted,  in  all  respects,  as  is  prescribed 
by  law  for  the  voting  for  senators  and  representatives  in  said 
cities  and  towns. 

Sec.  12.  In  case  of  a  ballot  for  members  of  the  town  council 
or  justices  of  the  peace,  the  names  shall  be  numbered  upon  the 
ballots,  and,  in  counting  them,  the  places  numbered  shall  be 
considered  as  separate  places. 

Sec.  13.  In  case  any  town  shall,  on  the  day  of  any  such 
annual  election,  fail  to  elect  any  of  the  officers  whom  they  may 
lawfully  choose,  except  town  clerk,  town  council,  justices  of  the 
peace  and  town  treasurer,  the  said  officers  shall  be  elected  by 
the  town  council  of  the  town  at  their  next  meeting :  Provided, 
however,  that  town  councils  may  postpone  the  election  of  any 
of  said  officers  to  some  future  meeting;  and  the  several  towns 
shall  have  full  power  to  delegate  to  their  respective  town 
councils  the  election  of  any  of  the  officers  whom  such  town 
may  lawfully  choose,  except  town  clerk,  town  council,  justices 
of  the  peace  and  town  treasurer. 


ELECTION   LAWS.  189 

Sec.  14.     Mayors  of  cities  shall  be  elected  by  a  plurality  of  ^  b'e°efe?[e^*by 
the  electors  qualified  to  vote  in  the  election  of  general  officers,   ^  "'^^  '^"^' 
who  shall  vote  for  the  candidates  for  said  office. 

Sec.  15.  Unless  some  other  form  of  engagement  be  specially  Oath  of  town 
by  law  prescribed,  every  person  elected  to  any  town  or  cit}^  officers. 
office,  whether  by  the  town,  city  council,  board  of  aldermen  or 
town  council,  and  every  moderator  and  warden,  and  ward  and 
district  clerk,  shall  take  the  following  engagement  before  he  shall 
act  therein,  before  some  person  authorized  to  administer  oaths : 
You  [naming  the  person]  do  solemn^  sw^ear  (or,  affirm)  that  you 
will  be  true  and  faithful  unto  this  state,  and  support  the  laws 
and  constitution  thereof,  and  the  constitution  of  the  United 
States;  and  that  you  will  well  antl  truly  execute  the  office  of 
[naming  the  office]  for  the  ensuing  year,  or  until  another  be  en- 
gaged in  your  place,  or  until  you  be  legally  discharged  there- 
from; so  help  5'ou  God  (or,  this  affirmation  you  make  and  give 
upon  peril  of  the  penalty  of  perjury). 

Sec.  16.     The  officer  administering  the  oath  shall  make  and  Certificate  of 

oath. 

deliver  to  such  officer  a  certificate  of  the  taking  of  such  oath. 

Sec.  17.     Every   collector  of  taxes  shall  give  bond,   with  Collector  of 

taxes  to  give 

sufficient  surety,  for  the  faithful  performance  of  such  trust,  to  ^°"^- 
the  towii  treasurer  of  the  town  for  which  he  is  chosen,  in  such  19  r  {■57s 
sum  as  the  said  town  or  the  town  council  of  said  town  shall 
determine,  not  exceeding  double  the  amount  of  the  tax  with  the 
collection  of  which  he  shall  be  charged.  Whenever  any  town 
shall  elect  its  town  treasurer  collector  of  taxes  for  such  town, 
the  bond  to  be  given  by  such  collector  under  the  provisions 
hereof  shall  be  given  to  the  toAATi,  and  shall  be  delivered  to  the 
town  council  for  safe  keeping,  and  upon  the  happening  of  any 
breach  of  the  condition  of  the  said  bond,  an  action  thereon  may 
be  commenced  in  the  name  of  the  tow^n  to  which  it  was  given. 

Sec.  18.     In  case  of  the  death,  resignation  or  removal  of  who  to  collect 

taxes,  collector 

any  collector  of  taxes,  the  collector  who  shall  be  appointed  to  'lead.  etc. 
complete  the  collection  thereof  shall  have  the  same  power  to 


190  ELECTION   LAWS. 

collect  the  same  as  is  by  law  given  to  the  collector  first  appointed. 
to  serve  until  Sec.  19.     All  town  officcrs  shall  hold  their  offices  until  the 

their  successors 

are  qualified.       next  annual  election  of  town  officers,  and  thereafter  until  their 

15  R.  I.  332. 

24R  I'os^'       successors  shall  be  lawfully  qualified  to  act;  unless  where  it  is 

27  R.' I.' 478.'       expressly  provided  to  the  contrary. 

Town  council  ^Ec.  20.     (As  amended  by  Section  40,  Chapter  640,  Public 

to  fill  v 
in  certa 
offices. 


to  fill  vacancies     -,  ,        tiT^  in  •  rr-  i 

incertain  Laws.)     Whenever  a  vacancy  shall  occur  m  any   office  by 

death,  removal  out  of  town,  resignation,  or  by  neglect  or  refusal 
to  qualify,  or  for  any  other  cause,  the  town  council  may  fill  the 
same  until  the  next  town  meeting  for  the  election  of  such  officers, 
and  whenever  from  any  cause  there  shall  be  vacancies  in  the 
town  council  of  any  town,  so  that  there  shall  not  be  sufficient 
members  to  form  a  quorum,  the  town  clerk  shall  call  a  special 
town  meeting  in  the  manner  provided  by  law  for  calling  special 
town  meetings,  at  which  meeting,  or  at  any  subsequent  meeting 
called  for  that  purpose,  such  vacancies  shall  be  filled  in  the 
manner  provided  for  the  election  of  such  officers. 

officerTare^not  ^^C.    21.       OfficCrS   clectcd  by    a    town   to   prosecute  for   viola- 

surety  on  com-     tions  of  its  ordinances,  by-laws  and  regulations,  shall  not  be 

plaints. 

required  to  give  surety  for  costs  upon  complaints  made  by 
them  therefor,  but  such   town  shall  be  directly  liable  to  the 
state  for  costs  incurred  in  such  prosecution. 
Special  statutes       Sec.  22.     The  provisious  of  this  chapter  are  subject  to  the 

prevail.  i  « 

provisions  of  any   special  statutes  respecting  any  particular 
town  or  city,  none  of  which  are  repealed  hereby. 
To  govern  eiec-        Sec.  23.     The  provisious  of  this  chapter  shall  govem  clectivc 

tions  by  secret  i  a 

ballot,  how  far.  meetings  held  in  accordance  with  the  provisions  of  chapter 
eleven,  if,  and  so  far  as  they  are  applicable  and  not  inconsistent 
with  the  provisions  of  said  chapter  eleven. 


ELECTION    LAWS.  191 


EXTRACTS  FROM 
CHAPTER  640,  PUBLIC  LAWS. 

(Approved  August  22,  1910.) 

Sec.  41.     All  persons  who,  at  the  tmie  when  this  act  goes  officers  hoid- 
into  effect,  shall  hold  office  under  any  and  all  acts  or  parts  of  any   law  repealed  by 

this  act,  to  con- 
act  hereby  repealed  shall  continue  to  hold  their  offices  under  the   tinue  to  serve 

•'        '■  out  their  term 

present  tenure  thereof,  except  those  offices  which  are  abolished  °^  ^^'^'^' 
and  those  as  to  which  a  different  provision  is  made  by  this  act. 

Sec.  42.     Chapter  464  of  the  Public  Laws,  passed  at  the  Certain  acts 

^  '  '■  repealed. 

January  session,  A.  D.  1909,  and  all  acts  and  parts  of  acts  in- 
consistent herewith,  are  hereby  repealed. 

Sec.  43.     This  act  shall  take  effect  upon  its  passage. 


Chapters  of  the  Public  Laws  Passed  Since  the  Revision 
OF  the  General  Laws. 

CHAPTER  475. 

AN  ACT  IN  RELATION  TO  THE  HOLDING  OF  CAUCUSES  IN  THE   Passed  May  7, 
TOWN  OF  BRISTOL. 

It  is  enacted  by  the  General  Assembly  as  follows: 

Section  1.  In  the  town  of  Bristol,  the  caucuses  of  all  ^j"*"^?"'  *°'^" 
political  parties  shall  be  held  in  accordance  with  the  provisions 
of  this  act,  and  such  provisions  shall  apply  only  in  said  town. 
For  the  purpose  of  this  act,  a  political  party  is  hereby  defined 
to  be  one  which  at  the  next  preceding  annual  election  of  state 
officers  cast  for  its  candidate  for  governor  at  least  two  per  cent. 
of  all  the  votes  cast  in  the  state  for  that  officer.  Caucus  and 
convention  nominations  shall  be  made  only  by  political  parties. 

Sec.  2.     The  qualified  electors  of  each  political  party  in 
said  town  shall  annually,  at  the  caucus  held  to  elect  delegates 


192  ELECTION   LAWS. 

to  the  convention  to  nominate  a  candidate  for  governor,  elect  a 
town  committee  for  such  town.  Each  town  committee  shall, 
within  ten  days  after  its  organization,  file  with  the  secretary  of 
state  a  list  of  its  officers  and  members.  The  general  manage- 
ment of  the  affairs  of  each  political  party  in  such  town  shall  be 
vested  in  its  town  committee,  subject  to  the  rules  and  regulations 
which  the  state  committee  of  such  political  party  shall  make. 
Any  vacancy  occurring  in  any  of  the  offices  or  in  the  member- 
ship of  said  town  committee  shall  be'  filled  by  such  committee. 
A  statement  thereof  shall  be  filed  as  in  the  case  of  officers  and 
members  first  chosen.  Town  committees  shall  hold  office  from 
the  date  of  their  election  until  the  next  annual  election  of  such 
committees  and  thereafter  until  their  successors  have  organized. 
Town  committees  may  make  regulations,  not  inconsistent  with 
law,  to  determine  membership  in  the  party  and  to  restrain  those 
not  entitled  to  vote  at  caucuses  called  by  them  from  taking  part 
therein,  and  such  regulations  shall  be  furnished  to  and  shall  gov- 
ern the  officers  by  this  act  charged  with  the  duty  of  preparing 
caucus  voting  lists  in  the  preparation  of  such  lists,  so  far  as  they 
are  not  in  conflict  with  the  provisions  of  this  act.  Each  town 
committee  shall  attend  the  caucuses  of  the  party  to  which  it 
belongs,  to  perform  the  duties  herein  imposed  upon  it. 

Sec.  3.  All  caucuses  shall  be  held  in  said  town  at  the  call 
of  the  town  committee  of  the  political  party  holding  such  cau- 
cuses. The  call  for  such  caucuses  shall  be  issued  not  less  than 
five  days  prior  to  the  day  on  which  they  are  to  be  held.  It  shall 
state  the  places  where  such  caucuses  are  to  be  held,  the  hour  of 
holding  the  same,  the  time  during  which  the  polls  are  to  be  open,  li 
and  the  business  to  be  transacted  thereat,  and  said  call  shall  be 
posted,  at  least  four  days  prior  to  the  holding  of  said  caucus,  in 
six  or  more  public  places  in  said  town.  No  two  political  parties 
shall  hold  their  caucuses  on  the  same  day. 

Sec.  4.     At  least  ten  days  previous  to  the  date  on  which  a 
political  party  desires  to  hold  its  caucuses  in  said  town  the 


ELECTION   LAWS.  193 

chairman  of  the  town  committee  of  such  poUtical  party  shall 
notify,  in  writing,  the  to^^^^  clerk  of  the  date  selected  for  such 
caucuses,  and  the  political  party  first  making  such  selection  and 
notification  for  .a  certain  date  shall  be  entitled  to  hold  its 
caucuses  on  that  date,  if  such  date  is  one  on  which  caucuses  may 
be  la^vfull^'  held.  If  such  date  is  one  previously  so  selected  and 
notified  l)y  some  other  political  party,  or  is  one  on  which  cau- 
cuses may  not  l^e  lawfully  held,  such  chairman  shall  be  imme- 
diately notified,  in  writing,  of  the  fact  by  the  town  clerk,  and 
such  chairman  shall  select  and  make  notification  of  another  date. 
It  shall  be  the  duty  of  said  town  clerk,  in  and  at  the  expense  of 
said  towTi  of  Bristol,  to  provide  a  polling  place  in  said  town  for 
said  caucus,  and  to  notify  in  writing  such  chairman  as  to  the 
place  so  provided,  at  least  seven  days  prior  to  the  date  of  such 
caucuses. 

Sec.  5.  No  caucus,  except  a  caucus  adjourned  under  the 
provisions  of  section  fourteen  of  this  act,  shall  be  held  within 
two  days,  exclusive  of  Sundays  and  legal  holidays,  of  the  last 
day  for  filing  the  certificate  of  the  nominations  of  such  caucus, 
nor  shall  any  political  party  hold  caucuses  on  successive  days. 
All  caucuses  held  to  elect  delegates  to  the  convention  to  nomi- 
nate a  candidate  for  governor,  and  to  nominate  candidates  for 
the  general  assembl}^  from  said  town,  excepting  those  caucuses 
necessary  for  a  special  election,  shall  be  held  after  the  second 
Thursday  next  after  the  first  Monday  in  September  of  each  year. 
All  caucuses  held  to  nominate  candidates  for  town  officers  in 
said  town,  excepting  those  caucuses  necessary  for  a  special 
election,  shall  be  held  within  twenty-five  days  of  the  second 
Wednesday  in  March  in  each  year.  Caucuses  necessary  for  a 
special  election  shall  be  held  not  more  than  ten  days  before, 
nor  within  two  days,  exclusive  of  Sundays  and  legal  holidays, 
of  the  last  day  for  filing  the  certificates  of  the  nominations  of 
such  caucuses. 

25 


194  ELECTION   LAWS.  i 

Sec.  6.     The  town  committee  of  each  political  party  in  said 
town  shall,  at  least  two  days  prior  to  the  date  of  the  caucus,  I 
appoint  a  caucus  chairman  and  a  caucus  clerk  and  assistant  3 
caucus  clerks,  as  the  same  may  be  necessary  for  said  town,  a 
who  shall  be  qualified  electors  of  said  town,  and  members  of  I 
such  political  party,  and  shall  fill  all  vacancies  which  occur  in  |i 
such  offices  from  any  cause,  except  as  hereinafter  provided.  \) 
Caucus  chairmen  and  caucus  clerks  so  appointed  shall  hold  jj 
office  until  the  first  day  of  January  next  succeeding  their  ap- 
pointment and  thereafter  until  their  successors  are  appointed, 
and  shall  have  the  same  powers  and  duties  in  the  conduct  of 
caucuses  as  are  conferred  by  law  upon  wardens  and  ward  clerks  |i 
of  elective  meetings. 

Sec.  7.  The  caucus  chairman  appointed,  as  hereinbefore 
provided,  shall  call  the  caucus  of  his  political  party  to  order, 
and  shall  preside  thereat,  and  the  caucus  clerk  and  assistant 
caucus  clerks  shall  check  the  voting  list.  In  case  a  caucus 
chairman  is  absent  at  the  time  at  which  the  caucus  has  been 
called,  or  in  case  a  caucus  chairman  becomes  incapacitated 
during  the  holding  of  the  caucus,  the  town  committee,  or  a 
majority  of  the  members  thereof  present  at  such  caucus,  shall 
appoint  a  qualified  elector  of  such  party  residing  in  said  town  as 
caucus  chairman  for  such  caucus.  If  no  member  of  the  town 
committee  is  present,  the  clerk  of  such  caucus,  or,  in  case  of 
his  absence  or  incapacity,  then  any  qualified  elector  of  such 
political  party  shall  call  the  meeting  to  order,  and  the  electors 
present  shall  elect  some  qualified  person  as  caucus  chairman  of 
such  caucus.  In  case  a  caucus  clerk  is  absent  at  the  time  at 
which  the  caucus  has  been  called,  or  in  case  a  caucus  clerk 
becomes  incapacitated  from  performing  his  duties  as  such  during 
the  holding  of  the  caucus,  the  town  committee  of  said  town,  or 
such  majority  thereof,  shall  appoint  some  qualified  elector  of 
the  town  as  such  caucus  clerk.  If  no  member  of  the  town  com- 
mittee is  present,  the  caucus  chairman  shall  appoint  som^ 


ELECTION    LAWS. 

qualified  elector  as  aforesaid  as  caucus  clerk.  All  caucuses  shall 
be  called  to  order  at  seven-thirty  o'clock  P.  M.  The  polls  shall 
be  opened  at  or  before  eight  P.  M.,  and  the  ballot  boxes  shall  be 
opened  and  the  interior  thereof  exposed  to  the  view  of  all 
present  ])y  the  chairman  l^efore,  any  ballots  are  cast.  Any 
necessary  business  not  finished  at  eight  P.  M.  shall  be  post- 
poned until  after  the  polls  are  closed  and  the  result  of  the  ballot- 
mg  announced.  The  polls  shall  be  kept  open  until  ten  P.  M., 
and  no  longer.  Except  for  the  filling  of  vacancies  in  the  office  of 
caucus  chairman  and  caucus  clerk,  as  hereinbefore  provided 
in  this  section,  a  ballot  shall  be  required  for  the  choice  of  all 
candidates  for  elective  offices,  for  delegates  to  conventions,  and 
for  members  of  town  committees,  to  be  elected  by  such  caucuses. 
All  ballots  shall  be  printed  or  written  on  white  paper,  of  uniform 
size  to  be  determined  by  the  town  committee  of  each  political 
party  in  said  town,  and  no  tissue  paper  shall  be  used  for  any 
caucus  ballot.  The  names  of  all  candidates  for  which  any 
elector  shall  vote  at  any  caucus  shall  be  written  or  printed  upon 
one  ballot. 

Sec.  8.  No  person  shall  be  entitled  to  vote  or  take  part  in 
the  caucus  of  any  political  party  who  within  fourteen  calendar 
months  has  voted  or  taken  part  in  the  caucus  of  any  other 
political  party,  or  has  signed  nomination  papers  of  a  candidate 
or  candidates  for  any  elective  officer,  or  has  voted  in  any  elec- 
tion for  the  candidates  of  any  other  political  party  or  for  can- 
didates placed  in  nomination  by  nomination  papers,  or  is  de- 
barred from  so  voting  or  taking  part  by  the  regulations  of  such 
party  provided  for  in  section  two  of  this  act.  No  person  who 
has  voted  in  the  caucus  of  any  political  party  shall  be  eligible 
to  sign  any  nomination  paper  containing  nominations  of  can- 
didates wdthin  fourteen  calendar  months  thereafter. 

Sec.  9.  The  town  clerk  of  said  town  shall  prepare  the  voting 
lists  for  use  at  all  caucuses  held  in  said  town.  At  all  caucuses  the 
voting  lists  as  last  published  or  canvassed  according  to  law  by 


m 


196  ELECTION    LAWS. 

the  board  of  canvassers  of  said  town  shall  be  used,  corrected  I 
as  hereinafter  provided.  The  board  of  canvassers  in  said  town 
shall  hold  a  canvass  meeting  on  the  twenty-seventh  day  pre- 
ceding the  Tuesday  next  after  the  first  Monday  in  November  in 
each  year,  and  on  the  twenty-seventh  day  preceding  the  second 
Wednesday  in  March  in  each  year,  and  also  on  a  day  not  more 
than  five  days  prior  to  the  earliest  day  lawfully  selected  by  any 
political  party  for  the  holding  of  caucuses  made  necessary  by  a 
special  election  in  such  town,  to  canvass  and  correct  the  voting 
lists  of  electors  qualified.  Notice  of  said  canvass  meetings 
shall  be  given  in  such  manner  as  such  board  of  canvassers  shall 
respectively  prescribe. 

Sec.  10.  In  preparing  caucus  voting  lists  for  the  caucuses 
of  any  political  party  there  shall  be  stricken  from  the  lists 
specified  in  section  nine  of  this  act  the  names  of  all  persons 
shown  by  the  nomination  papers,  or  copies  thereof,  and  used 
caucus  voting  lists  in  the  possession  of  the  town  clerk,  to  be 
debarred  from  voting  in  such  caucuses  by  the  provisions  of 
section  eight  of  this  act,  or  who  are  shown  by  the  regulations 
of  such  political  party  to  be  not  entitled  to  vote  in  its  caucuses. 
Each  such  list  shall  be  endorsed  with  the  name  of  such  political 
party,  and  shall  be  certified  by  such  town  clerk. 

Sec.  11.  The  town  clerk  is  hereby  authorized  and  required 
to  furnish,  at  the  expense  of  said  town,  suitable  ballot  boxes, 
blank  forms  of  certificates  and  returns,  and  other  election 
stationery,  for  each  polling  place  at  which  any  caucus  is  held, 
and  to  cause  the  voting  lists  prepared  as  aforesaid  to  be  de- 
livered at  each  such  polling  place  to  the  caucus  chairman,  prior 
to  the  hour  of  seven-thirty  o'clock  in  the  evening  of  the  day  on 
which  any  such  caucus  is  to  be  held;  and  it  is  hereby  made  the 
duty  of  the  chief  of  police  of  said  town  to  detail  such  number  of 
police  officers  to  each  such  polling  place,  for  the  preservation  of 
order,  and  to  deliver  the  voting  lists  aforesaid,  as  may  be  re- 
quested by  said  town  clerk. 


ELECTION   LAWS.  197 

Sec.  12.  The  caucus  chairman  shall  receive  the  ballots  of  all 
persons  whose  names  are  upon  the  lists  certified  and  furnished  to 
him,  and  shall  reject  the  ballots  of  all  other  persons. 
■  Sec.  13.  Immediately  in  the  closing  of  the  polls  the  caucus 
chairman  and  clerk  shall  in  open  caucus  proceed  to  count  the 
ballots  cast  in  the  presence  of  such  representatives  as  may  be 
appointed  in  writing,  one  by  each  candidate  voted  for  at  said 
caucus;  and  each  candidate  receiving  a  plurality  of  the  ballots 
cast  for  the  office  for  which  he  was  a  candidate  shall  be  declared 
by  the  caucus  chairman  to  be  elected  or  nominated,  as  the  case 
may  be.  The  ballots  and  voting  lists  shall  then  be  forthwith 
separately  sealed  up,  together  with  a  statement  of  the  result  of 
the  balloting,  substantially  in  form  required  l)y  law  in  the  case 
of  elective  meetings,  and  shall  be  forthwith  delivered  in  person 
by  the  caucus  clerk  to  the  town  clerk  in  said  to'wn. 

Sec.  14  In  case  at  any  caucus  a  majority  of  a  delegation 
to  any  convention,  or  of  any  town  committee,  are  not  elected,  or 
in  case  of  a  tie  vote  for  any  candidate  for  an  elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall  be  designated  at  said 
caucus  by  the  caucus  chairman,  but  not  to  any  day  at  which  a 
caucus  of  any  political  party  has  been  called.  In  case  of  a  tie 
vote  for  a  smaller  number  than  a  majority  of  the  delegates  to  a 
convention,  or  of  the  members  of  a  town  committee,  the  elected 
members  of  the  delegation  or  of  the  committee  shall  fill  the 
vacancies  so  caused  and  make  notification  of  their  action  to  the 
person  or  officer  entitled  to  receive  the  same.  In  all  cases  the 
delegates  to  a  convention  shall  have  power  to  fill  vacancies  in 
their  number  appearing  at  the  hour  of  the  meeting  of  such  con- 
vention. 

Sec.  15.  The  chairman  of  every  caucus  shall,  within  twenty- 
four  hours  after  said  caucus  is  held,  deliver  or  send  to  each 
delegate  to  a  political  convention,  and  to  each  member  of  a 
political  committee,  a  certificate  of  his  election,  and  to  each 
candidate  for  an  elective  office  a  certificate  of  his  nomination, 


198  ELECTION   LAWS. 

and  shall  also  cause  the  certificate  of  nomination  required  by  law  | 
in  the  case  of  all  candidates  who  are  nominated  by  such  caucus 
for  any  elective  office  to  be  prepared  and  seasonably  filed  in  the 
proper  public  office,  unless  proceedings  for  a  recount  of  the 
ballots  cast  at  such  caucus  are  inaugurated  conformably  to  the 
provisions  of  section  sixteen  of  this  act,  in  which  case  he  shall 
not  deliver,  send,  or  cause  to  be  filed  any  such  certificates. 
Upon  each  check  list  used  at  such  caucus  the  clerk  and  assistant 
caucus  clerks  checking  such  list  shall  make  a  return  under  oath 
that  the  said  check  list  is  the  identical  one  used  in  the  caucus 
of  the  poHtical  party  for  which  it  was  furnished,  and  that  the 
names  checked  were  truly  and  properly  checked  at  such  caucus, 
and  that  no  alteration  or  erasure  or  additional  check  has  been 
made  thereon. 

Sec.  16.  If  before  five  o'clock  in  the  afternoon  of  the  day 
succeeding  the  day  on  which  any  caucus  is  held  under  the  pro- 
visions of  this  act  a  person  who  has  received  votes  thereat  for 
nomination  or  election  to  any  elective  office,  delegation,  or 
political  committee  shall  serve  upon  the  town  clerk  of  said  town 
a  statement  in  writing  that  the  records  and  returns  made  by  the 
caucus  officer,  as  aforesaid,  are  erroneous,  and  specifying 
wherein  the  same  are  erroneous,  and  claiming  an  election  or 
nomination  by  said  caucus  for  the  petitioner,  and  petitioning 
for  a  recount  of  such  ballots  by  the  board  of  canvassers  of  said 
town,  such  town  clerk  shall  retain  all  the  ballots  cast  at  such 
caucus  until  such  claim  is  withdrawn  or  the  contest  for  the 
nomination  or  election  is  fully  determined,  as  hereinafter  pro- 
vided. The  town  clerk  upon  whom  such  statement  is  served 
shall  forthwith  notify  the  members  of  the  board  of  canvassers 
of  his  town  of  the  filing  of  such  petition,  and  it  shall  be  the  duty 
of  said  board  of  canvassers  to  forthwith  convene,  and  to  cause 
notice  in  writing  to  be  served,  in  such  manner  as  said  board  of 
canvassers  shall  direct,  upon  all  other  candidates  for  the  same 
office  receiving  votes  at  said  caucus,  at  the  expense  of  the  peti- 


ELECTION    LAWS.  199 

tioiicr,  of  the  filing  of  siu'li  petitions  for  a  recount,  and  shall 
appoint  a  time  and  place  for  the  recount  of  said  ballots  within 
twenty-four  hours,  exclusive  of  Sundays  and  legal  holidays, 
from  the  time  of  ordering  such  notice.  At  the  time  specified 
by  said  board  of  canvassers  said  tovm  clerk  shall  transmit  to 
such  board  all  the  ballots  cast  at  such  caucus  and  the  voting  hst 
used  thereat,  and  at  the  api^inted  time  and  place  said  l)oard  of 
canvassers  shall  proceed  to  recount  said  ballots  and  to  hear  and 
determine  all  questions  raised  for  or  against  the  counting  of  the 
same  or  of  any  thereof,  and  shall  declare,  as  the  result  of  such 
recount  and  determination,  what  persons,  if  any,  were  lawfully 
elected  or  nominated  at  such  caucus.  Such  declaration  shall 
stand  as  the  true  record  and  result  of  the  vote  cast  at  such 
caucus,  and  the  proper  officer  shall  cause  the  names  of  the  persons 
so  declared  to  be  nominated  for  any  elective  office  to  be  printed 
upon  the  official  ballots,  in  accordance  Avith  a  certificate  of  such 
recount  and  determination  made  and  filed  with  him  by  said 
board,  which  certificate  shall  be  deemed  to  be  made  and  filed 
as  of  the  day  of  holding  such  caucus.  Said  board  shall  also 
furnish  to  each  delegate  and  member  of  a  committee,  so  de- 
clared to  be  elected,  a  certificate  of  his  election.  Any  candidate 
receiving  votes  at  such  caucus  for  such  nomination  or  office  may 
be  present  during  such  recount,  either  in  person  or  by  an  agent 
duly  appointed  in  writing. 

Sec.  17.  The  to^ii  clerk  of  said  town  shall  retain  under  seal 
for  the  period  of  fourteen  calendar  months  all  of  the  voting 
lists  returned  to  him  under  the  provisions  of  this  act :  Provided, 
that  such  lists  may  be  unsealed  for  use  in  the  proceedings  pro- 
vided for  in  sections  ten  and  sixteen  of  this  act,  after  which  they 
shall  be  immediately  resealed,  and  that  the  said  town  clerk, 
after  a  check  list  has  been  used  at  a  caucus  of  a  political  party 
held  under  the  pro\'isions  of  this  act,  upon  written  application 
for  a  coi)y  of  the  list  as  checked,  signed  by  any  qualified  elector 
in  the  said  to\\Ti  where  such  list  was  used,  and  upon  payment  or 


200  ELECTION   LAWS. 

tender  of  the  fees  provided  by  law  therefor,  may  unseal  and  open    i 
the  wrapper  containmg  such   check  list,  and   shall  furnish  to 
such  applicant  a  certified  copy  of  the  list  as  checked,  and  shall 
then  reseal  the  same. 

Sec.  18.     Every  pubHc  officer  or  officer  of  a  political  party 
who  shall  willfully  violate  any  of  the  provisions  of  this  act,  or 
shall  refuse,  or  willfully  neglect  and  omit,  to  perform,  in  the 
manner  and  within  the  time  prescribed,  any  duty  imposed  upon 
him  by  this  act,  shall  be  fined  not  less  than  fifteen  nor  more  than 
fifty  dollars,  or  imprisoned  in   jail  for  a  period   not  exceeding 
thirty  days,  or  both.     Every  person  at  a  caucus  who,  knowing 
that  he  is  not  entitled  to  vote,  votes  or  attempts  to  vote,  or 
votes  or  attempts  to  vote  upon  any  other  name  than  his  own,  or 
votes  or  attempts  to  vote  more  than  once  upon  his  own  name, 
or  deposits  or  attempts  to  deposit  more  than  one  ballot  for  any 
candidate  for  any  elective  office  or  delegate  to  any  convention 
or  member  of  any  political  committee  at  the  same  balloting, 
or  at  any  caucus  gives  a  false  answer  to  any  caucus  clerk  or  the 
presiding  officer  of  any  caucus  relative  to  his  right  to  vote  at 
such  caucus,  shall  be  punished  by  imprisonment  in  jail  not 
exceeding  thirty  days.     Whoever  aids  or  abets  a  person  not 
entitled  to  vote  at  a  caucus  in  voting  or  attempting  to  vote  under 
a  name  other  than  the  voter 's  o^vn  name,  or  in  voting  twice  upon 
the  voter's  own  name,  or  aids  or  abets  a  person  in  depositing 
or  attempting  to  deposit  at  a  caucus  more  than  one  ballot  as 
aforesaid  at  the  same  balloting,  shall  be  punished  by  imprison- 
ment in  jail  not  exceeding  thirty  days.     Whoever  willfully 
alters,  or  willfully  makes  any  change,  erasure,  or  additional 
check  upon  the  voting  list  used  or  to  be  used  at  a  caucus,  or, 
having  custody  or  control  of  such  voting  list,  shall  suffer  or 
permit  any  alteration,  change,  erasure,  or  additional  check  to 
be  made  upon  such  voting  list,  shall  be  punished  by  imprison- 
ment in  jail  not  exceeding  sixty  days.     Excepting  otherwise 
herein  provided,  the  penalties  imposed  by  law  upon  election 


ELECTION    LAWS.  201 


and  other  officers  and  voters  who  violate  the  provisions  of  acts 
regulating  elective  meetings  are  hereby  imposed  upon  the  same 
and  like  caucus  and  other  officers  and  voters  for  the  same  and 
like  violations  of  this  act. 

Sec.  19.  It  shall  be  the  duty  of  every  police  or  other  peace 
officer  or  constable  to  arrest  without  warrant  any  person 
detected  in  the  act  of  violating  the  provisions  of  this  act. 

Sec.  20.  The  secretary  of  state  shall  make  and  send  to  the 
toA\ii  clerk  of  said  toA\Ti  copies  of  all  nomination  papers  filed 
with  him  which  contain  the  names  of  electors  of  such  town. 

Sec.  21.  The  town  committees  elect  in  said  town  at  the  time 
of  the  passage  of  this  act  shall  organize  and  serve  in  the  same 
manner  and  with  the  same  effect  as  if  they  had  been  elected 
under  its  provisions. 

Sec.  22.     This  act  shall  take  effect  upon  its  passage. 


CHAPTER  479. 


AN  ACT  IN  AMENDMENT  OF  CHAPTER  1078  OF  THE  PUBLIC    Passed  Feb. 

24    IQOQ 

LAWS,  ENTITLED  "AN  ACT  IN  RELATION  TO  THE  HOLDING       ' 
OF  CAUCUSES  IN  THE  CITIES  OF  PROVIDENCE,  NEWPORT, 
AND  PAWTUCKET." 

(See  Chapter  12,  General  Laws.) 

It  is  enacted  by  the  General  Assembly  as  follows: 

Section  1.     Chapter  1078  (Chapter  12,  General  Laws)  of  Providence, 

Newport,  and 

the  Public  Laws,  entitled  "An  act  m  relation  to  the  holding  of  Pawtucket 

caucuses. 

caucuses  in  the  cities  of  Providence,  Newport,  and  Pawtucket," 
is  hereby  amended  so  that  the  provisions  of  said  act  shall  apply 
to  the  city  of  Central  Falls  in  the  same  manner  as  they  apply  to 
the  city  of  Newport :  Provided,  that  the  notice  to  be  published, 
as  prescribed  in  Section  3  of  said  act,  shall  be  pubhshed  as  to 
the  city  of  Central  Falls  in  one  or  more  newspapers  which  are 

26 


202 


ELECTION   LAWS. 


circulated  in  said  Central  Falls,  and  which  are  published  ini' 
either  the  city  of  Pawtucket,  or  the  city  of  Providence;  and,\/ 
provided  further,  that  the  time  for  closing  the  polls  at  the  caucuses  ii 
in  said  Central  Falls  shall  be  at  nine  o'clock  P.  M.,  instead  of  j, 
ten  o'clock  P.  M.,  as  provided  for  in  Section  7  of  said  act.  ;i 

Sec.  2.  All  acts  and  parts  of  acts  inconsistent  herewith  il 
are  hereby  repealed,  and  this  act  shall  take  effect  upon  its  pas-  li 
sage.  i' 


CHAPTER  746. 

Aprii°26^9i  1.     AN  ACT  IN  RELATION  TO  THE  HOLDING  OF  CAUCUSES  IN  THE 

TOWN  OF  EAST  PROVIDENCE. 


Political  party 
defined. 


Method  of 
electing  town  . 
committee,   and 
powers  and 
duties  thereof. 


It  is  enacted  by  the  General  Assembly  as  follows: 

Section  1.  In  the  town  of  East  Providence,  the  caucuses 
of  all  political  parties  shall  be  held  in  accordance  with  the  pro- 
visions of  this  act,  and  such  provisions  shall  apply  only  in  said 
town.  For  the  purposes  of  this  act,  a  political  party  is  hereby 
defined  to  be  one  which  at  the  next  preceding  annual  election 
of  state  officers  cast  for  its  candidate  for  governor  at  least  two 
per  cent,  of  all  the  votes  cast  in  the  state  for  that  officer.  Cau- 
cus and  convention  nominations  shall  be  made  only  by  political 
parties. 

Sec.  2.  The  qualified  electors  of  each  political  party  in  said 
town  shall  annually,  at  the  caucus  held  to  elect  delegates  to  the 
convention  to  nominate  a  candidate  for  governor,  elect  a  tov/n 
committee  for  such  town.  Each  town  committee  shall,  within 
ten  days  after  its  organization,  file  with  the  secretary  of  state 
a  list  of  its  officers  and  members.  The  general  management  of 
the  affairs  of  each  political  party  in  such  town  shall  be  vested 
in  its  town  committee,  subject  to  the  rules  and  regulations  which 
the  state  committee  of  such  political  party  shall  make.  Any 
vacancy  occurring  in  any  of  the  offices  or  in  the  membership  , 


Caucuses,  how 
called. 


ELECTION    LAWS. 

of  said  town  committee  shall  be  filled  by  such  committee.  A 
statement  thereof  shall  be  filed  as  in  tlie  case  of  officers  and  mem- 
bers first  chosen.  Town  committees  shall  hold  office  from  the 
date  of  their  election  until  the  next  annual  election  of  such  com- 
mittees and  thereafter  until  their  successors  have  organized. 
Town  committees  may  make  regulations,  not  inconsistent  with 
law,  to  determine  membership  in  the  party  and  to  restrain  those 
not  entitled  to  vote  at  caucuses  called  by  them  from  taking 
part  therein,  and  such  regulations  shall  be  furnished  to  and  shall 
govern  the  officers  by  this  act  charged  with  the  duty  of  preparing 
caucus  voting  lists  in  the  preparation  of  such  lists,  so  far  as  they 
are  not  in  conflict  with  the  provisions  of  this  act.  Each  town 
conunittce  shall  attend  the  caucuses  of  the  party  to  whicn  it 
belongs,  to  perform  the  duties  herein  imposed  upon  it. 

Sec.  3.  All  caucuses  shall  be  held  in  said  towni  at  the  call  of 
the  to"WTi  committee  of  the  political  party  holding  such  caucuses. 
The  call  for  such  caucuses  shall  be  issued  not  less  than  five  days 
prior  to  the  day  on  which  they  are  to  be  held.  It  shall  state  the 
places  where  such  caucuses  are  to  be  held,  the  hour  of  holding  the 
same,  the  time  during  which  the  polls  are  to  be  open,  the  busi- 
ness to  be  transacted  thereat  and  the  uniform  size  of  the  ballots 
to  be  used  in  said  caucus,  and  said  call  shall  be  posted,  at  least 
four  days  prior  to  the  holding  of  said  caucus,  in  six  or  more 
public  places  in  said  town.  No  two  political  parties  shall  hold 
their  caucuses  on  the  same  day. 

Sec.  4.     At  least  ten  days  previous  to  the  date  on  which  a  xownderkto 
political  party  desires  to  hold  its  caucuses  in  said  town  the  chair-  date  of  cau°cus 

and  to  furnish 

man  of  the  town  committee  of  such  political  party  shall  notify  poiiinK-piaces 
in  writing,  the  toA\Ti  clerk  of  the  date  selected  for  such  caucuses, 
and  the  political  party  first  making  such  selection  and  notifica- 
tion for  a  certain  date  shall  be  entitled  to  hold  its  caucuses  on 
that  date,  if  such  date  is  one  on  which  caucuses  may  be  lawfully 
held.  If  such  date  is  one  previously  so  selected  and  notified  by 
some  other  political  party,  or  is  one  on  which  caucuses  may  not 


204 


ELECTION   LAWS. 


Caucuses,  when 
to  be  held. 


Caucus  officers 
to  be  selected 
by  town  com- 
mittee. 


be  lawfully  held,  such  chairman  shall  be  immediately  notified, 

in  writing,  of  the  fact  by  the  town  clerk,  and  such  chairman  shall  j; 

select  and  make  notification  of  another  date.     It  shall  be  the  il 

duty  of  said  town  clerk,  in  and  at  the  expense  of  said  town  of  ji 

East  Providence,  to  provide  a  polling  place  in  said  town  for  said  jl 

caucus,  and  to  notify  in  writing  such  chairman  as  to  the  place  so  ii 

provided,  at  least  seven  days  prior  to  the  date  of  such  caucuses. !; 

Sec.  5.     No  caucus,  except  a  caucus  adjourned  under  thej 

provisions  of  section  fourteen  of  this  act,  shall  be  held  within  ji 

two  days,  exclusive  of  Sundays  and  legal  holidays,  of  the  lastji 

days  for  filing  the  certificate  of  the  nominations  of  such  caucus,  i 

nor  shall  any  political  party  hold  caucuses  on  successive  days.]. 

All  caucuses,  excepting  those  caucuses  necessary  for  a  special  ii 

election,  shall  be  held  after  the  second  Thursday  next  after  the! 

first  Monday  in  September  of  each  year.     All  caucuses  held  toji 

nominate  candidates  for  town  officers  in  said  town,  exceptinglj 

those  caucuses  necessary  for  a  special  election,  shall  be  held  with-[l 

in  twenty-five  days  of  the  Tuesday  next  after  the  first  Monday  in  i : 

November  in  each  year.     Caucuses  necessary  for  a  special! j 

election  shall  be  held  not  more  than  ten  days  before,  nor  within  ;i 

two  days,  exclusive  of  Sundays  and  legal  holidays,  of  the  last'i 

day  for  filing  the  certificates  of  the  nominations  of  such  cau-[i 

cuses.  '■  I 

Sec.  6.     The  town  committee  of  each  political  party  in  said  I 

i  I 
town  shall,  at  least  two  days  prior  to  the  date  of  the  caucus,  ji 

appoint  a  caucus  chairman  and  a  caucus  clerk  for  each  voting- i  I 

district  thereof,  who  shall  be  qualified  electors  of  said  town,:! 

representative-districts    and    voting-districts,  respectively,  in: 

which  they  are  appointed  to  serve  as  members  of  such  pohtical  i 

party,  and  shall  fill  all  vacancies  which  occur  in  such  offices  i 

from  any  cause,  except  as  hereinafter  provided.     Caucus  chair-i , 

men  and  caucus  clerks  so  appointed  shall  hold  office  until  the;  : 

first  day  of  January  next  succeeding  their  appointment  audi  I 

thereafter  until  their  successors  are  appointed  and  shall  have  the'  j 


ELECTION   LAWS.  205 

same  powers  and  duties  in  the  conduct  of  caucuses  as  are  con- 
ferred by  law  upon  wardens  and  ward  clerks  of  elective  meet- 
ings. 

Sec.  7.     The  caucus  chairman  appointed,   as  hereinbefore  Duties  of  cau- 
cus officers. 

provided,  shall  call  the  caucus  of  his  political  party  to  order,  and 
shall  preside  thereat.  Each  caucus  clerk  shall  check  the  voting- 
list  of  the  voting-district  in  which  he  is  appointed  to  serve.  In 
case  a  caucus  chairman  is  absent  at  the  time  at  which  the  caucus 
has  been  called,  or  in  case  a  caucus  chairman  becomes  incapac- 
itated during  the  holding  of  the  caucus,  the  to\\^l  committee, 
or  a  majority  of  the  members  thereof  present  at  such  caucus, 
shall  appoint  a  qualified  elector  of  such  party  residing  in  said 
to^^^l  or  representative-district  as  caucus  chairman  for  such 
caucus.  If  no  member  of  the  town  committee  is  present,  the 
clerk  of  the  first  voting-district  in  such  town,  or,  in  case  of  his 
absence  or  incapacity,  then  of  the  voting-district  clerks  present 
the  one  next  in  numerical  order  of  the  districts,  shall  call  the 
meeting  to  order,  and  the  electors  present  shall  elect  some 
qualified  person  as  caucus  chairman  of  such  caucus.  In  case  a 
caucus  clerk  is  absent  at  the  time  at  which  the  caucus  has  been 
called,  or  in  case  a  caucus  clerk  becomes  incapacitated  from 
performing  his  duties  as  such  during  the  holding"  of  the  caucus, 
the  toA\ii  committee  of  said  town,  or  such  majority  thereof,  shall 
appoint  some  qualified  elector  of  the  town  or  representative- 
district  as  such  caucus  clerk.  If  no  member  of  the  to\vn  commit- 
tee is  present,  the  caucus  chairman  shall  appoint  some  qualified 
elector  as  aforesaid  as  caucus  clerk.  All  caucuses  shall  be  Hours  during 
called  to  order  at  seven  o'clock  P.  M.,  the  polls  shall  be  open  must  remain 
at  or  before  seven-thirty  P.  M.,  and  the  ballot  boxes  shall  be 
opened  and  the  interior  thereof  exposed  to  the  view  of  all 
present  by  the  chairman  before  any  ballots  are  cast.  Any 
necessarj'  business  not  finished  at  seven-thirty  P.  M.  shall  be 
postponed  until  after  the  polls  are  closed  and  the  result  of  the 
balloting  announced.     The  polls  shall  be  kept  open  until  ten 


open. 


206 


ELECTION   LAWS. 


Form  of  caucus 
ballot. 


Who  may  par- 
ticipate in  cau- 
cus. 


Town  clerk  to 
prepare  voting- 
lists. 


P.  M.,  and  no  longer.  Except  for  the  filling  of  vacancies  in  the 
office  of  caucus  chairman  and  caucus  clerk,  as  hereinbefore  pro- 
vided in  this  section,  a  ballot  shall  be  required  for  the  choice  of 
all  candidates  for  elective  offices,  for  delegates  to  conventions, 
and  for  members  of  town  committees,  to  be  elected  by  such 
caucuses.  All  ballots  shall  be  printed  or  written  on  white 
paper,  of  uniform  size  to  be  determined  by  the  town  committee 
of  each  political  party  in  said  town,  and  no  tissue  paper  shall  be 
used  for  any  caucus  ballot.  The  names  of  all  candidates  for 
which  any  elector  shall  vote  at  any  caucus  shall  be  written  or 
printed  upon  one  ballot. 

Sec.  8.  No  person  shall  be  entitled  to  vote  or  take  part  in 
the  caucus  of  any  political  party  who  within  fourteen  calendar 
months  has  voted  or  taken  part  in  the  caucus  of  any  other  polit- 
ical party,  or  has  signed  nomination  papers  of  a  candidate  or 
candidates  for  any  elective  officer,  or  has  voted  in  any  election 
for  the  candidates  of  any  other  political  party  or  for  candidates 
placed  in  nomination  by  nomination  papers,  or  is  debarred  from 
so  voting  or  taking  part  by  the  regulations  of  such  party  pro- 
vided for  in  section  two  of  this  act.  No  person  who  has  voted  in 
the  caucus  of  any  political  party  shall  be  eligible  to  sign  any 
nomination  paper  containing  nominations  of  candidates  within 
fourteen  calendar  months  thereafter. 

Sec.  9.  The  town  clerk  of  said  town  shall  prepare  the  voting 
lists  for  use  at  all  caucuses  held  in  said  town.  At  all  caucuses 
the  voting  lists  as  last  published  or  canvassed  according  to  law 
by  the  board  of  canvassers  of  said  town  shall  be  used,  corrected 
as  hereinafter  provided.  The  board  of  canvassers  in  said 
town  shall  hold  a  canvass  meeting  on  the  twenty-seventh  day 
preceding  the  Tuesday  next  after  the  first  Monday  in  November 
in  each  year,  and  also  on  a  day  not  more  than  five  days  prior  to 
the  earliest  day  lawfully  selected  by  any  political  party  for  the 
holding  of  caucuses  made  necessary  by  a  special  election  in  such 
town,  to  canvass  and  correct  the  votinsr  lists  of  electors  qualified. 


ELECTION    LAWS.  207 

Notice  of  said  canvass  meeting'  shall  be  given  in  such  maimer  as 
such  board  of  canvassers  shall  prescribe. 

Sec.  10.     In  preparing  caucus  voting  lists  for  the  caucuses  of  Same  subject.  I 

any  political  party  there  shall  ])(>  stricken  from  the  lists  specified  | 

in  section  nine  of  this  act  the  names  of  all  persons  shown  by  the  i 

nomination  papers,  or  copies  thereof,  and  used  caucus  voting  ; 

lists  in  the  possession  of  the  town  clerk,  to  be  debarred  from  I 

voting  in  such  caucuses  l^y  the  ])ro visions  of  section  eight  of  j 

this  act,  or  who  are  shoAvn  by  the  regulation  of  such  political  ' 

party  to  be  not  entitled  to  vote  in  its  caucuses.     Each  such  list  j 
shall  be  endorsed  with  the  name  of  such  political  party,  and 
shall  be  certified  by  such  town  clerk. 

Sec.  11.     The  town  clerk  is  hereby  authorized  and  required  Baiiot  boxes  j 

and  supplies.  l 

to  furnish,  at  the  expense  of  said  town,  suitable  ballot  boxes,  I 

blank  forms  of  certificates  and  returns,  and  other  election  sta-  J 

tionery,  for  each  polhng  place  at  which  any  caucus  is  held,  and  ] 

to  cause  the  voting  lists  prepared  as  aforesaid  to  be  delivered  at  j 

each  such  polling  place  to  the  caucus  chairman,  prior  to  the  hour  j 

of  seven  o  'clock  in  the  evening  of  the  day  on  which  any  such  I 

caucus  is  to  be  held ;  and  it  is  hereby  made  the  duty  of  the  chief  : 

of  police  of  said  town  to  detail  such  number  of  poHce  officers  to  I 

each  such  polling  place,  for  the  preservation  of  order,  and  to  ; 
deliver  the  voting  lists  aforesaid,  as  may  be  requested  by  said 

towTi  clerk.  i 

Sec.  12.     The  caucus  chairman  shall  receive  the  ballots  of  Caucu.s  r-uair-  j 

man  to  rpceive 

all  persons  whose  names  are  upon  the  lists  certified  and  fur-  ballots.  ; 

nished  to  him,  and  shall  reject  the  ballots  of  all  other  persons.  ! 

Sec.  13.     Immediately  on  the  closing  of  the  polls  the  caucus  Vote,  how  j 

counted; 

chairman  and  clerks  shall  in  open  caucus  proceed  to  count  the  P,'^'Jj'''''y  ^"  j 

ballots  cast  in  the  presence  of  such  representatives  as  may  be  | 

appointed  in  writing,  one  by  each  candidate  voted  for  at  said  j 

caucus;  and  each  candidate  receiving  a  plurality  of  the  ballots  i 
cast  for  the  office  for  which  he  was  a  candidate  shall  be  de- 
clared by  the  caucus  chairman  to  be  elected  or  nominated,  as 


208 


ELECTION   LAWS. 


Return  of  bal- 
lots and  voting- 
lists. 


In  case  of  tie 
vote,  etc., 
what  action  to 
be  taken. 


Chairman  to 
prepare  certi- 
ficates of  elec- 
tion and  nomi- 
nation. 


Verification  of 
check-list  by 
clerk. 


the  case  may  be.  The  ballots  and  voting  lists  shall  then  be 
forthwith  separately  sealed  up,  together  with  a  statement  of  the 
result  of  the  balloting,  substantially  in  form  required  by  law  in 
the  case  of  elective  meetings,  and  shall  be  forthwith  delivered 
in  person  by  the  caucus  clerk  of  the  first  voting-district  to  the 
town  clerk  in  said  town. 

Sec.  14.  In  case  at  any  caucus  a  majority  of  a  delegation 
to  any  convention,  or  of  any  town  committee,  are  not  elected, 
or  in  case  of  a  tie  vote  for  any  candidate  for  an  elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall  be  designated  at  said 
caucus  by  the  caucus  chairman,  but  not  to  any  day  at  which  a 
caucus  of  any  political  party  has  been  called.  In  case  of  a  tie 
vote  for  a  smaller  number  than  a  majority  of  the  delegates  to  a 
convention,  or  of  the  members  of  a  town  committee,  the  elected 
members  of  the  delegation  or  of  the  committee  shall  fill  the  va- 
cancies so  caused  and  make  notification  of  their  action  to  the 
person  or  officer  entitled  to  receive  the  same.  In  all  cases  the 
delegates  to  a  convention  shall  have  power  to  fill  vacancies  in 
their  number  appearing  at  the  hour  of  the  meeting  of  such 
convention. 

Sec.  15.  The  chairman  of  every  caucus  shall,  within 
twenty-four  hours  after  said  caucus  is  held,  deliver  or  send  to 
each  delegate  to  a  political  convention,  and  to  each  member  of  a 
political  committee,  a  certificate  of  his  election,  and  to  each  can- 
didate for  an  elective  office  a  certificate  of  his  nomination,  and 
shall  also  cause  the  certificate  of  nomination  required  by  law  in 
the  case  of  all  candidates  who  are  nominated  by  such  caucus  for 
any  elective  office  to  be  prepared  and  seasonably  filed  in  the 
proper  public  office,  unless  proceedings  for  a  recount  of  the 
ballots  cast  at  such  caucus  are  inaugurated  conformably  to  the 
provision  of  section  sixteen  of  this  act,  in  which  case  he  shall 
not  deliver,  send,  or  cause  to  be  filed  any  such  certificates. 
Upon  each  check  list  used  at  such  caucus  the  clerk  checking  such 
list  shall  make  a  return  under  oath  that  the  said  check  list  is  the 


i 

ail 


ELECTION    LAWS.  209 

i 

identical  one  used  in  the  caucus  of  the  political  partj'  for  which 

it  was  furnished,  and  that  the  names  checked  were  truly  and 

"I 
properly  checked  at  such  caucus,   and  that  no  alteration  or  ' 

erasure  or  additional  check  has  been  made  thereon. 

Sec.  16.     If  before  five  o'clock  in  the  afternoon  of  the  day  Provisions  for  ] 

recount  of 

succeciling  the  day  on   which  any  caucus  is  held  under  the   ballots. 
provisions  of  this  act  a  person  who  has  received  votes  thereat 
for  nomination  or  election  to  any  elective  office,  delegation,  or 
jiolitical  committee  shall  serve  upon  the  town  clerk  of  said  tovra  ] 

a  statement  in  writing  that  the  records  and  returns  made  by  the  ' 

caucus   officers,    as   aforesaid,    are   erroneous,    and   specifjang  ' 

wherein  the  same  are  erroneous,  and  claiming  an  election  or  i 

nomination  by  said  caucus  for  the  petitioner,  and  petitioning  I 

for  a  recount  of  such  ballots  by  the  board  of  canvassers  of  said  ■ 

town,  such  to\\Ti  clerk  shall  retain  all  the  ballots  cast  at  such  j 

caucus  until  such  claim  is  withdrawn  or  the  contest  for  the 
nomination  or  election  is  fully  determined  as  hereinafter  pro- 
vided.    The  to^^^l  clerk  upon  whom  such  statement  is  served  ^ountf"^"^^"  I 
shall  forthwith  notify  the  members  of  the  board  of  canvassers 
of  his  town  of  the  filing  of  such  petition,  and  it  shall  be  the  duty  I 
of  said  board  of  canvassers  to  forthwith  convene,  and  to  cause 
notice  in  writing  to  be  served,  in  such  manner  as  said  board  of 
canvassers  shall  direct,  upon  all  other  candidates  for  the  same  j 
office  receiving  votes  at  said  caucus,  at  the  expense  of  the                             j 
petitioner,  of  the  filing  of  such  petitions  for  a  recount,  and  shall                             i 
appoint  a  time  and  place  for  the  recount  of  said  ballots  within  i 
twenty-four  hours,  exclusive  of  Sundays  and  legal  holidays,                              j 
from  the  time  of  ordering  such  notice.     At  the  time  specified   Mothodofre-           \ 

count  and 

by  said  board  of  canvassers  said  town  clerk  shall  transmit  to   Scaring  there-  ; 

"^  on.  ] 

such  board  all  the  ballots  cast  at  such  caucus  and  the  voting 

list  used  thereat,  and  at  the  appointed  time  and  place  said 

board  of  canvassers  shall  proceed  to  recount  said  ballots  and  < 

to  hear  and  determine  all  questions  raised  for  or  against  the  ' 

counting  of  the  same  or  of  any  thereof,  and  shall  declare,  as  the  ! 


210 


ELECTION    LAWS. 


Recount  to  be 
conclusive,  and 
ofBcial  ballots 
to  be  prepared 
accordingly. 


Candidate  or 
his  representa- 
tive may  be 
represented  at 
recount. 


Town  clerk  to 
retain  under 
seal  all  used 
voting  lists,  for 
what  period. 


Lists  may  be 
unsealed,  when. 


Penalties . 


result  of  such  recount  and  determination,  what  persons,  if  any, 
were  lawfully  elected  or  nominated  at  such  caucus.  Such 
declaration  shall  stand  as  the  true  record  and  result  of  the  vote 
cast  at  such  caucus,  and  the  proper  officer  shall  cause  the  names 
of  the  persons  so  declared  to  be  nominated  for  any  elective  office 
to  be  printed  upon  the  official  ballots,  in  accordance  with  a 
certificate  of  such  recount  and  determination  made  and  filed 
with  him  by  said  board,  which  certificate  shall  be  deemed  to  be 
made  and  filed  as  of  the  day  of  holding  such  caucus.  Said 
board  shall  also  furnish  to  each  delegate  and  member  of  a  com- 
mittee, so  declared  to  be  elected,  a  certificate  of  his  election. 
Any  candidate  receiving  votes  at  such  caucus  for  such  nomina- 
tion or  office  may  be  present  during  such  recount,  either  in 
person  or  by  an  agent  duly  appointed  in  writing. 

Sec.  17.  The  town  clerk  of  said  town  shall  retain  under  seal 
for  the  period  of  fourteen  calendar  months  all  of  the  voting 
lists  returned  to  him  under  the  provisions  of  this  act:  Pro- 
vided, that  such  lists  may  be  unsealed  for  use  in  the  proceedings 
provided  for  in  sections  ten  and  sixteen  of  this  act,  after  which 
they  shall  be  immediately  resealed,  and  that  the  said  town 
clerk,  after  a  check  list  has  been  used  at  a  caucus  of  a  political 
party  held  under  the  provisions  of  this  act,  upon  written  appli- 
cation for  a  copy  of  the  list  as  checked,  signed  by  any  qualified 
elector  in  the  said  town  where  such  list  was  used,  and  upon 
payment  or  tender  of  the  fees  provided  by  law  therefor,  may 
unseal  and  open  the  wrapper  containing  such  check  list,  and 
shall  furnish  to  such  applicant  a  certified  copy  of  the  list  as 
checked,  and  shall  then  reseal  the  same. 

Sec.  18.  Every  public  officer  or  officer  of  a  political  party 
who  shall  willfully  violate  any  of  the  provisions  of  this  act,  or 
shall  refuse,  or  willfully  neglect  and  omit,  to  perform,  in  the 
manner  and  within  the  time  prescribed,  any  duty  imposed  upon 
him  by  this  act,  shall  be  fined  not  less  than  fifteen  nor  more 
than  fifty  dollars,  or  imprisoned  in  jail  for  a  period  not  exceed- 


ELECTION    LAWS.  211 

ing  thirty  clays,  or  both.  Every  person  at  a  caucus  who, 
knowing  that  he  is  not  entitled  to  vote,  votes  or  attempts  to 
vote,  or  votes  or  attempts  to  vote  upon  any  other  name  than 
his  o^vn,  or  votes  or  attempts  to  vote  more  than  once  upon  his 
own  name,  or  deposits  or  attempts  to  deposit  more  than  one 
ballot  for  any  candidate  for  any  elective  office  or  delegate  to 
an}'  convention  or  meml)er  of  any  political  committee  at  the 
same  balloting,  or  at  any  caucus  gives  a  false  answer  to  any 
caucus  clerk  or  the  presiding  officer  of  any  caucus  relative 
to  his  right  to  vote  at  such  caucus,  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  thirty  days.  Whoever 
aids  or  abets  a  person  not  entitled  to  vote  at  a  caucus  in 
voting  or  attempting  to  vote  under  a  name  other  than  the 
voter's  own  name,  or  in  voting  tuice  upon  the  voter's  own 
name,  or  aids  or  abets  a  person  in  depositing  or  attempting 
to  deposit  at  a  caucus  more  than  one  ballot  as  aforesaid  at 
the  same  balloting,  shall  be  punished  by  imprisonment  in  jail 
not  exceeding  thirty  days.  Whoever  willfully  alters,  or  will- 
fully makes  any  change,  erasure,  or  additional  check  upon  the 
voting  list  used  or  to  be  used  at  a  caucus,  or,  having  custody  or 
control  of  such  voting  list,  shall  suffer  or  permit  any  alteration, 
change,  erasure,  or  additional  check  to  be  made  upon  such 
voting  list,  shall  be  punished  by  imprisonment  in  jail  not  ex- 
ceeding sixty  days.  Excepting  otherwise  herein  provided,  the 
penalties  imposed  by  law  upon  election  and  other  officers  and 
voters  who  violate  the  provisions  of  acts  regulating  elective 
meetings  are  hereby  imposed  upon  the  same  and  like  caucus 
and  other  officers  and  voters  for  the  same  and  like  violations 
of  this  act. 

Sec.  19.     It  shall  be  the  duty  of  every  police  or  other  peace  Arrest  without 

warrant. 

officer  or  constable  to  arrest  without  warrant  any  person  de- 
tected in  the  act  of  violating  the  provisions  of  this  act. 

Sec.  20.     The  secretary  of  state  shall  make  and  send  to  the  secretary  of 

•'  state  to  furnish 

towTi  clerk  of  said  town  copies  of  all  nomination  papers  filed  with   tam"nom?na- 
him  which  contain  the  names  of  electors  of  such  towai.  ion  papers. 


212 


Town  commitf- 
tees-elect,  to 
serve. 


ELECTION   LAWS. 

Sec.  21.  The  town  committees-elect  in  said  town  at  the 
time  of  the  passage  of  this  act  shall  organize  and  serve  in  the 
same  manner  and  with  the  same  effect  as  if  they  had  been 
elected  under  its  provisions. 

Sec.  22.     This  act  shall  take  effect  upon  its  passage. 


CHAPTER  762. 


Approved 
April  19,  1911. 


Political  party 
defined. 


AN  ACT  IN  RELATION  TO  THE  HOLDING  OF  CAUCUSES  IN  THE 
TOWN  OF  TIVERTON. 

It  is  enacted  by  the  General  Assembly  asfollmos: 

Section  1.  In  the  town  of  Tiverton,  tlie  caucuses  of  all 
political  parties  shall  be  held  in  accordance  with  the  provisions 
of  this  act,  and  such  provisions  shall  apply  only  in  said  town. 
For  the  purposes  of  this  act,  a  political  party  is  hereby  defined 
to  be  one  which  at  the  next  preceding  annual  election  of  state 
officers  cast  for  its  candidate  for  governor  at  least  two  per 
cent,  of  all  the  votes  cast  in  the  state  for  that  officer.  Caucus 
and  convention  nominations  shall  be  made  only  by  political 
parties. 

Sec.  2.  The  qualified  electors  of  each  political  party  in  said 
town  shall  annually,  at  the  caucus  held  to  elect  delegates  to  the 
convention  to  nominate  a  candidate  for  governor,  elect  a  town 
committee  for  such  town.  Each  town  committee  shall,  within 
ten  days  after  its  organization,  file  with  the  secretary  of  state 
a  list  of  its  officers  and  members.  The  general  management  of 
the  affairs  of  each  political  party  in  such  town  shall  be  vested 
in  its  town  committee,  subject  to  the  rules  and  regulations  which 
the  state  committee  of  such  political  party  shall  make.  Any 
vacancy  occurring  in  any  of  the  offices  or  in  the  membership  of 
said  town  committee  shall  be  filled  by  such  committee.  A 
statement  thereof  shall  be  filed  as  in  the  case  of  officers  and 


ELECTION  LAWS.  213 

members  first  chosen.  Toavii  committees  shall  hokl  office  from 
the  date  of  their  election  until  the  next  annual  election  of  such 
committees  antl  thereafter  until  their  successors  have  organized. 
To^ii  committees  may  make  regulations,  not  inconsistent  with 
law,  to  determine  membership  in  the  party  and  to  restrain  those 
not  entitled  to  vote  at  caucuses  called  by  them  from  taking 
part  therein,  and  such  regulations  shall  be  furnished  to  and  shall 
govern  the  officers  by  this  act  charged  with  the  duty  of  prepar- 
ing caucus  voting-lists  in  the  preparation  of  such  lists,  so  far 
as  they  are  not  in  conflict  with  the  provisions  of  this  act.  Each 
to\vn  committee  shall  attend  the  caucuses  of  the  party  to  which 
it  belongs,  to  perform  the  duties  herein  imposed  upon  it. 

Sec.  3.     All  caucuses  shall  be  held  in  said  town  at  the  call  of  Caucuses,  how 

ealled. 

the  tovm.  committee  of  the  political  party  holding  such  caucuses. 
The  call  for  such  caucuses  shall  be  issued  not  less  than  five  days 
prior  to  the  day  on  which  they  are  to  be  held.  It  shall  state 
the  places  where  such  caucuses  are  to  be  held,  the  hour  of  hold- 
ing the  same,  the  time  during  which  the  polls  are  to  be  open, 
and  the  business  to  be  transacted  thereat,  and  said  call  shall  be 
posted,  at  least  four  days  prior  to  the  holding  of  said  caucus,  in 
six  or  more  public  places  in  said  town.  No  two  political  parties 
shall  hold  their  caucuses  on  the  same  day. 

Sec.  4.     At  least  ten  days  previous  to  the  date  of  which  a  ^"^"J'^^ed'of' 
political  party  desires  to  hold  its  caucuses  in  said  town  the  and  toSumlsh 
chairman  of  the  toAMi  committee  of  such  political  party  shall  therefor, 
notify,  in  writing,  the  town  clerk  of  the  date  selected  for  such 
caucuses,  and  the  political  party  first  making  such  selection  and 
notification  for  a  certain  tlate  shall  be  entitled  to  hold  its 
caucuses  on  that  date,  if  such  date  is  one  on  which  caucuses  may 
be  lawfully  held.     If  such  date  is  one  previously  so  selected  and 
notified  by  some  other  political  party,  or  is  one  on  which  cau- 
cuses may  not  be  lawfully  held,  such  chairman  shall  be  im- 
mediately notified,  in  writing,  of  the  fact  by  the  town  clerk, 
and  such  chairman  shall  select  and  make  notification  of  another 


214  ELECTION    LAWS. 

date.  It  shall  be  the  duty  of  said  town  clerk,  in  and  at  the 
expense  of  said  town  of  Tiverton,  to  provide  a  polling  place  in 
said  town  for  said  caucus,  and  to  notify  in  writing  such  chairman 
as  to  the  place  so  provided,  at  least  seven  days  prior  to  the  date 
of  such  caucuses, 
ufbe  held. ^^^°  Sec.  5.  No  caucus,  except  a  caucus  adjourned  under  the 
provisions  of  section  fourteen  of  this  act,  shall  be  held  within 
two  days,  exclusive  of  Sundays  and  legal  holidays,  of  the  last 
day  for  filing  the  certificate  of  the  nominations  of  such  caucus, 
nor  shall  any  political  party  hold  caucuses  on  successive  days. 
All  caucuses  held  to  elect  delegates  to  the  convention  to  nomi- 
nate a  candidate  for  governor,  and  to  nominate  candidates  for 
the  general  assembly  from  said  town,  excepting  those  caucuses 
necessary  for  a  special  election,  shall  be  held  after  the  second 
Thursday  next  after  the  first  Monday  in  September  of  each 
year.  All  caucuses  held  to  nominate  candidates  for  town 
officers  in  said  town,  excepting  those  caucuses  necessary  for  a 
special  election,  shall  be  held  within  twenty-five  days  of  the 
first  Wednesday  in  April  in  each  year.  Caucuses  necessary 
for  a  special  election  shall  be  held  not  more  than  ten  days  before, 
nor  within  two  days,  exclusive  of  Sundays  and  legal  holidays, 
of  the  last  day  for  filing  the  certificates  of  the  nominations  of 
such  caucuses. 
S'beseiS'^  Sec.  6.  The  town  committee  of  each  political  party  in  said 
mittee.  towu  shall,  at  least  two  days  prior  to  the  date  of  the  caucus, 

appoint  a  caucus  chairman  and  a  caucus  clerk  and  assistant 
caucus  clerks,  as  the  same  may  be  necessary  for  said  town,  who 
shall  be  qualified  electors  of  said  town,  and  members  of  such 
political  party,  and  shall  fill  all  vacancies  which  occur  in  such 
offices  from  any  cause,  except  as  hereinafter  provided.  Caucus 
chairman  and  caucus  clerks  so  appointed  shall  hold  office  until 
the  first  day  of  January  next  succeeding  their  appointment  and 
thereafter  until  their  successors  are  appointed,  and  shall  have 
the  same  powers  and  duties  in  the  conduct  of  caucuses  as  are 


ELECTION    LAWS.  215 

conferred  by  law  upon  wardens  and  ward  clerks  of  elective 
meetings. 

Sec.  7.  The  caucus  chairman  appointed,  as  hereinbefore  Duties  of  oau- 
provided,  shall  call  the  caucus  of  his  political  party  to  order, 
and  shall  preside  thereat,  and  the  caucus  clerk  and  assistant 
caucus  clerks  shall  check  the  voting-list.  In  case  a  caucus 
chairman  is  absent  at  the  time  at  which  the  caucus  has  been 
called,  or  in  case  a  caucus  chairman  becomes  incapacitated 
during  the  holding  of  the  caucus,  the  town  committee,  or  a 
majority  of  the  mem]:)ers  thereof  present  at  such  caucus,  shall 
appoint  a  qualified  elector  of  such  party  residing  in  said  town 
as  caucus  chairman  for  such  caucus.  If  no  member  of  the  town 
conunittee  is  present,  the  clerk  of  such  caucus,  or,  in  case  of  his 
absence  or  incapacity,  then  any  qualified  elector  of  such  political 
party  shall  call  the  meeting  to  order,  and  the  electors  present 
shall  elect  some  qualified  person  as  caucus  chairman  of  such 
caucus.  In  case  a  caucus  clerk  is  absent  at  the  time  at  which 
the  caucus  has  been  called,  or  in  case  a  caucus  clerk  becomes 
incapacitated  from  performing  his  duties  as  such  during  the 
holding  of  the  caucus,  the  town  committee  of  said  town,  or  such 
majority  thereof,  shall  appoint  some  qualified  elector  of  the 
town  as  such  caucus  clerk.  If  no  member  of  the  town  commit- 
tee is  present,  the  caucus  chairman  shall  appoint  some  quahfied 
elector  as  aforesaid  as  caucus  clerk.     All  caucuses  shall  be  called  Hours  during 

which  polls 

to  order  at  three  o'clock  P.  M.     The  polls  shall  be  opened  at  or  must  remain 

'-  ^  open. 

before  three-fifteen  P.  M.,  and  the  ballot  boxes  shall  be  opened 
and  the  interior  thereof  exposed  to  view  of  all  present  by  the 
chairman  lief  ore  any  ballots  are  cast.  Any  necessary  business 
not  finished  at  three-fifteen  P.  M.  shall  be  postponed  until 
after  the  polls  are  closed  and  the  result  of  the  balloting  an- 
nounced. The  polls  shall  be  kept  open  until  four-thirty  P.  M., 
and  no  longer.  Except  for  the  filling  of  vacancies  in  the  office 
of  caucus  chairman  and  caucus  clerk,  as  hereinbefore  provided 
in  this  section,  a  ballot  shall  be  required  for  the  choice  of  all 


216 


ELECTION    LAWS. 


Form  of  cau- 
cus ballot. 


Who  may  par- 
ticipate in 
caucuses. 


Town  clerk  to 
prepare  voting- 
lists. 


candidates  for  elective  offices,  for  delegates  to  conventions,  and 
for  members  of  town  committees,  to  be  elected  by  such  caucuses. 
All  ballots  shall  be  printed  or  written  on  white  paper,  of  uniform 
size  to  be  determined  by  the  town  committee  of  each  political 
party  in  said  town,  and  no  tissue  paper  shall  be  used  for  any 
caucus  ballot.  The  names  of  all  candidates  for  which  any 
elector  shall  vote  at  any  caucus  shall  be  written  or  printed  upon 
one  ballot. 

Sec.  8  No  person  shall  be  entitled  to  vote  or  take  part  in 
the  caucus  of  any  political  party  who  within  fourteen  calendar 
months  has  voted  or  taken  part  in  the  caucus  of  any  other 
political  party,  or  has  signed  nomination  papers  of  a  candidate 
or  candidates  for  any  elective  officer,  or  has  voted  in  any  elec- 
tion for  the  candidates  of  any  other  political  party  or  for  candi- 
dates placed  in  nomination  by  nomination  papers,  or  is  debarred 
from  so  voting  or  taking  part  by  the  regulations  of  such  party 
provided  for  in  section  two  of  this  act.  No  person  who  has 
voted  in  the  caucus  of  any  political  party  shall  be  eligible  to 
sign  any  nomination  paper  containing  nominations  of  candidates 
within  fourteen  calendar  months  thereafter. 

Sec.  9.  The  town  clerk  of  said  town  shall  prepare  the  voting- 
lists  for  use  at  all  caucuses  held  in  said  town.  At  all  caucuses 
the  voting-lists  as  last  published  or  canvassed  according  to  law  by 
the  boards  of  canvassers  of  said  town  shall  be  used  and  corrected 
as  hereinafter  provided.  The  board  of  canvassers  in  said  town 
shall  hold  a  canvass  meeting  on  the  twenty-seventh  day  pre- 
ceding the  Tuesday  next  after  the  first  Monday  in  November  in 
each'  year,  and  on  the  twenty-seventh  day  preceding  the  first 
Wednesday  in  April  in  each  year,  and  also  on  a  day  not  more 
than  five  days  prior  to  the  earliest  day  lawfully  selected  by  any 
political  party  for  the  holding  of  caucuses  made  necessary  by  a 
special  election  in  such  town,  to  canvass  and  correct  the  voting- 
lists  of  electors  qualified.     Notice  of  said  canvass  meetings  shall 


ELECTION   LAWS.  217 

be  given  in  such  manner  as  such  boards  of  canvassers  shall 
respectively  prescribe. 

Sec.  10.  In  preparing  caucus  voting-lists  for  the  caucuses  Same  subject, 
of  anj'  political  party  there  shall  be  stricken  from  the  lists 
specified  in  section  nine  of  this  act  the  names  of  all  persons  shown 
by  the  nomination  paj^ers,  or  copies  thereof,  and  used  caucus 
voting-lists  in  the  possession  of  the  town  clerk,  to  be  debarred 
from  voting  in  such  caucuses  bj^  the  provisions  of  section  eight 
of  this  act,  or  who  are  shown  by  the  regulations  of  such  politi- 
cal party  to  be  not  entitled  to  vote  in  its  caucuses.  Each  such 
list  shall  be  endorsed  with  the  name  of  such  political  party,  and 
shall  be  certified  by  such  town  clerk. 

Sec.  11.     The  to"\vii  clerk  is  hereby  authorized  and  required  Ballot  boxes 

•^  ^  and  supplies. 

to  furnish,  at  the  expense  of  said  towai,  suitable  ballot  boxes, 

blank  forms   of   certificates  and   returns,    and   other   election 

stationery,  for  each  polling  place  at  which  any  caucus  is  held, 

and  to  cause  the  voting-lists  prepared  as  aforesaid  to  be  delivered 

at  each  such  polling  place  to  the  caucus  chairman,  prior  to  the 

hour  of  three  o'clock  in  the  afternoon  of  the  day  on  which  any 

such  caucus  is  to  be  held;  and  it  is  hereby  made  the  duty  of  the 

chief  of  police  of  said  towai  to  detail  such  number  of  police 

officers  to  each  such  polling  place,  for  the  preservation  of  order, 

and  to  deliver  the  voting-lists  aforesaid,  as  may  be  requested  -by 

said  town  clerk. 

Sec.  12.     The  caucus  chairman  shall  receive  the  ballots  of  Caucus  chair- 
man to  receive 

all  persons  whose  names  are  upon  the  lists  certified  and  fur-  baUots. 
nished  to  him,  and  shall  reject  the  ballots  of  all  other  persons. 

Sec.  13.     Immediately  on  the  closing  of  the  polls  the  caucus  vote  how 

counted;  plu- 

chairman  and  clerk  shall  in  open  caucus  proceed  to  count  the  rai'ty  to  elect, 
ballots  cast  in  the  presence  of  such  representatives  as  may  be 
appointed  in  Avriting,  one  by  each  candidate  voted  for  at  said 
caucus;  and  each  candidate  receiving  a  plurality  of  the  ballots 
cast  for  the  office  for  which  he  was  a  candidate  shall  be  declared 
by  the  caucus  chairman  to  be  elected  or  nominated,  as  the  case 


218 


ELECTION   LAWS. 


Return  of  bal- 
lots and  voting- 
lists. 


I  n  case  of  tie 
vote,  etc.,  what 
action  to  be 
taken. 


Chairman  to 
prepare  certi- 
ficates of  elec- 
tion and  nomi- 
nation. 


Verification   of 
check-list  by 
clerk. 


may  be.  The  ballots  and  voting-lists  shall  then  be  forthwith 
separately  sealed  up,  together  with  a  statement  of  the  result 
of  the  balloting,  substantially  in  form  required  by  law  in  the 
case  of  elective  meetings,  and  shall  be  forthwith  delivered  in 
person  by  the  caucus  clerk  to  the  town  clerk  in  said  town. 

Sec.  14.  In  case  at  any  caucus  a  majority  of  a  delegation 
to  any  convention,  or  of  any  town  committee,  are  not  elected, 
or  in  case  of  a  tie  vote  for  any  candidate  for  an  elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall  be  designated  at  said 
caucus  by  the  caucus  chairman,  but  not  to  any  day  at  which  a 
caucus  of  any  political  party  has  been  called.  In  case  of  a  tie 
vote  for  a  smaller  number  than  a  majority  of  the  delegates  to  a 
convention,  or  of  the  members  of  a  town  committee,  the  elected 
members  of  the  delegation  or  of  the  committee  shall  fill  the 
vacancies  so  caused  and  make  notification  of  their  action  to  the 
person  or  officer  entitled  to  receive  the  same.  In  all  cases  the 
delegates  to  a  convention  shall  have  power  to  fill  vacancies  in 
their  number  appearing  at  the  hour  of  the  meeting  of  such  con- 
vention. 

Sec.  15.  The  chairman  of  every  caucus  shall,  within  twenty- 
four  hours  after  said  caucus  is  held,  deliver  or  send  to  each 
delegate  to  a  political  convention,  and  to  each  member  of  a 
political  committee,  a  certificate  of  his  election,  and  to  each 
candidate  for  an  elective  office  a  certificate  of  his  nomination, 
and  shall  also  cause  the  certificate  of  nomination  required  by 
law  in  the  case  of  all  candidates  who  are  nominated  by  such 
caucus  for  any  elective  office  to  be  prepared  and  seasonably 
filed  in  the  proper  public  office,  unless  proceedings  for  a  recount 
of  the  ballots  cast  at  such  caucus  are  inaugurated  conformably 
to  the  provisions  of  section  sixteen  of  this  act,  in  which  case  he 
shall  not  deliver,  send,  or  cause  to  be  filed  any  such  certificates. 
Upon  each  check  list  used  at  such  caucus  the  clerk  and  assistant 
caucus  clerks  checking  such  list  shall  make  a  return  under  oath 
that  the  said  check  list  is  the  identical  one  used  in  the  caucus 


ELECTION    LAWS.  219 

of  the  political  party  for  which  it  was  furnished,  and  that  the 

names  checked  were  truly  and  properly  checked  at  such  caucus,  i 

and  that  no  alteration  or  erasure  or  additional  check  has  been  . 

made  thereon. 

Sec.  16.     If  before  five  o'clock  in  the  afternoon  of  the  day  Provisions  for  ■: 

recount  of  bal-  1 

succeeding  the  day  on  which  any  caucus  is  held  under  the  pro-  '°*^-  ,  J 
visions  of  this  act  a  person  who  has  received  votes  thereat  for  i 
nomination  or  election  to  any  elective  office,  delegation,  or  j 
political  committee  shall  serve  upon  the  town  clerk  of  said  town  i 
a  statement  in  writing  that  the  records  and  returns  made  by  i 
the  caucus  officers,  as  aforesaid,  are  erroneous,  and  specifying  j 
wherein  the  same  are  erroneous,  and  claiming  an  election  or  ■ 
nomination  by  said  caucus  for  the  petitioner,  and  petitioning  ' 
for  a  recount  of  such  ballots  by  the  board  of  canvassers  of  said 
town,  such  town  clerk  shall  retain  all  the  ballots  cast  at  such  | 
caucus  until  such  claim  is  withdrawn  or  the  contest  for  the 
nomination  or  election  is  fully  determined,  as  hereinafter  pro-  \ 
vided.  The  town  clerk  upon  whom  such  statement  is  served  Notice  of  re- 
shall  forthwith  notify  the  members  of  the  board  of  canvassers  ''°""  '  ] 
of  his  town  of  the  filing  of  such  petition,  and  it  shall  be  the  duty  | 
of  said  board  of  canvassers  to  forthwith  convene,  and  to  cause  I 
notice  in  writing  to  be  served,  in  such  manner  as  said  board  of  ii 
canvassers  shall  direct,  upon  all  other  candidates  for  the  same  l 
office  receiving  votes  at  said  caucus,  at  the  expense  of  the  peti-  I 
tioner,  of  the  filing  of  such  petitions  for  a  recount,  and  shall  : 
appoint  a  time  and  place  for  the  recount  of  said  ballots  within  1 
twenty -four  hours,  exclusive  of  Sundays  and  legal  holidays,  ' 
from  the  time  of  ordering  such  notice.     At  the  time  specified  Method  of  re- 

count  and  near- 
by said  l)oard  of  canvassers  said  town  clerk  shall  transmit  to  '"^  thereon. 

such  board  all  the  ballots  cast  at  such  caucus  and  the  voting-  j 

i 
list  used  thereat,  and  at  the  appointed  time  and  place  said  board  \ 

of  canvassers  shall  proceed  to  recount  said  ballots  and  to  hear  j 

and  determine  all  questions  raised  for  or  against  the  counting  j 

of  the  same  or  of  any  thereof,  and  shall  declare,  as  the  result  of  j 


220  ELECTION    LAWS. 

such  recount  and  determination,  what  persons,  if  any,  were 
_        ^^  ,        lawfully  elected  or  nominated  at  such  caucus.     Such  declara- 

Recount  to  be  -^         ■ 

offida'rbaUotT'    tiou  shall  staud  as  the  true  record  and  result  of  the  vote  cast 
accordingly.        at  such  caucus,  and  the  proper  officer  shall  cause  the  names  of 
the  persons  so  declared  to  be  nominated  for  any  elective  office 
to  be  printed  upon  the  official  ballots,  in  accordance  with  a 
certificate  of  such  recount  and  determination  made  and  filed 
with  him  by  said  board,  which  certificate  shall  be  deemed  to  be 
made  and  filed  as  of  the  day  of  holding  such  caucus.     Said 
board  shall  also  furnish  to  each  delegate  and  member  of  a  com- 
mittee, so  declared  to  be  elected,  a  certificate  of  his  election. 
hls^re'^reiTenta-     ^^^  Candidate  receiving  votes  at  such  caucus  for  such  nomina- 
pres^t^at^re-      tiou  or  office  may  be  present  during  such  recount,  either  in 

count.  ,     ,  .  ,    . 

person  or  by  an  agent  duly  appomted  m  wntmg. 
Town  clerk  to  Sec.  17.     The  town  clerk  of  said  town  shall  retain  under  seal 

retain  under 

seal  all  used       ^qj.  ^j^g  period  of  fourtceu  calendar  months  all  of  the  voting- 

voting-lists,    for      ^*  l  ,  <=> 

what  period.  jj^^^  returned  to  him  under  the  provisions  of  this  act:  Pro- 
vided, that  such  lists  may  be  unsealed  for  use  in  the  proceedings 
provided  for  in  sections  ten  and  sixteen  of  this  act,  after  which 
they  shall  be  immediately  resealed,  and  that  the  said  town 
clerk,  after  a  check  list  has  been  used  at  a  caucus  of  a  political 
party  held  under  the  provisions  of  this  act,  upon  written  appli- 
cation for  a  copy  of  the  list  as  checked,  signed  by  any  qualified 
elector  in  the  said  town  where  such  fist  was  used,  and  upon  pay- 
ment or  tender  of  the  fees  provided  by  law  therefor,  may 
unseal  and  open  the  wrapper  containing  such  check  list,  and 
shall  furnish  to  such  applicant  a  certified  copy  of  the  list  as 
checked,  and  shall  then  reseal  the  same. 

Penalties.  Sec.  18.     Evcry  public  officer  or  officer  of  a  political  party 

who  shall  willfully  violate  any  of  the  provisions  of  this  act,  or 
shall  refuse,  or  willfully  neglect  and  omit,  to  perform,  in  the 
manner  and  within  the  time  prescribed,  any  duty  imposed  upon 
him  by  this  act,  shall  be  fined  not  less  than  fifteen  nor  more 
than  fifty  dollars,  or  imprisoned  in  jail  for  a  period  not  exceed- 


ELECTION    LAWS.  221 

ing  thirty  days,  or  both.  Every  person  at  a  caucus  who, 
knowing  that  he  is  not  entitled  to  vote,  votes  or  attempts  to 
vote,  or  votes  or  attempts  to  vote  upon  any  other  name  than 
his  own,  or  votes  or  attempts  to  vote  more  than  once  upon  his 
own.  name,  or  deposits  or  attempts  to  deposit  more  than  one 
ballot  for  any  candidate  for  any  elective  office  or  delegate  to  any 
convention  or  member  of  any  political  committee  at  the  same 
balloting,  or  at  any  caucus  gives  a  false  answer  to  any  caucus 
clerk  or  the  presiding  officer  of  any  caucus  relative  to  his  right 
to  vote  at  such  caucus,  shall  be  punished  by  imprisonment  in 
jail  not  exceeding  thirtj?^  days.  Whoever  aids  or  abets  a  person 
not  entitled  to  vote  at  a  caucus  in  voting  or  attempting  to  vote 
under  a  name  other  than  the  voter's  own  name,  or  in  voting 
twice  upon  the  voter's  own  name,  or  aids  or  abets  a  person  in 
depositing  or  attempting  to  deposit  at  a  caucus  more  than  one 
ballot  as  aforesaid  at  the  same  balloting,  shall  be  punished  by 
imprisomnent  in  jail  not  exceeding  thirty  days.  Whoever 
willfully  alters,  or  willfully  makes  any  change,  erasure,  or 
additional  check  upon  the  voting-list  used  or  to  be  used  at  a 
caucus,  or,  having  custody  or  control  of  such  voting-list,  shall 
suffer  or  permit  any  alteration,  change,  erasure,  or  additional 
check  to  be  made  upon  such  voting-list,  shall  be  punished  by 
imprisonment  in  jail  not  exceeding  sixty  days.  Excepting 
otherwise- herein  provided,  the  penalties  imposed  by  law  upon 
election  and  other  officers  and  voters  who  violate  the  provisions 
of  acts  regulating  elective  meetings  are  hereby  imposed  upon 
the  same  and  like  caucus  and  other  officers  and  voters  for  the 
same  and  like  violations  of  this  act. 

Sec.  19.     It  shall  be  the  duty  of  every  police  or  other  peace  Arrest  without 

warrant. 

officer  or  constable  to  arrest  without  warrant  any  person 
detected  in  the  act  of  violating  the  provisions  of  this  act. 

Sec.  20.     The  secretary  of  state  shall  make  and  send  to  the  S'^cretary  of 

^  state  to  fur- 

town  clerk  of  said  towai,  copies  of  all  nomination  papers  filed   certa^n^no^n^- 
with  him  which  contain  the  names  of  electors  of  such  town. 


222 


ELECTION    LAWS. 


Town  com- 
mittees elect, 
to  serve. 


Sec.  21.  The  town  committees-elect  in  said  town  at  the  time 
of  the  passage  of  this  act  shall  organize  and  serve  in  the  same 
manner  and  with  the  same  effect  as  if  they  had  been  elected 
under  its  provisions. 

Sec.  22.     This  act  shall  take  effect  upon  its  passage. 


CHAPTER  815. 


Approved 
April  26,  1912. 


AN  ACT  AUTHORIZING  AND  DIRECTING  THE  BOARD  OF 
CANVASSERS  AND  THE  BOARDS  OF  CANVASSERS  AND 
REGISTRATION  OF  THE  SEVERAL  CITIES  AND  TOWNS  TO 
PROVIDE  VOTING  PLACES  AND  CAUCUS  SUPPLIES  ON  CER- 
TAIN OCCASIONS. 


It  is  enacted  by  the  General  Assembly  as  follows: 


Boards  of  can- 
vasser,? and 
boards  of  can- 
vasser.s  and 
registration  to 
furnish   voting 
places  and 
paraphernalia 
for  certain 
primary 
meetings. 


Method  of 
fixing  dates  for 
holding  said 
primaries. 


Section  1.  The  board  of  canvassers  and  the  boards  of 
canvassers  and  registration  of  the  several  cities  and  towns  of  the 
state  are  hereby  authorized  and  directed  to  furnish  for  the  use  of 
any  political  party  in  this  state,  upon  written  request  of  the 
chairman  of  the  state  central  committee  thereof,  acting  under  a 
resolution  of  said  committee,  voting  places  in  which  primary 
meetings  may  be  held  to  elect  delegates  to  the  national  conven- 
tion of  such  political  party.  Said  boards  shall  have  said  voting 
places  open  on  the  date  and  during  the  hours  requested  by  said 
chairman  of  said  committee,  and  shall  furnish  to  the  officers 
appointed  to  act  at  said  primary  meetings  such  paraphernalia, 
including  check-lists  and  ballot-boxes,  as  are  generally  required 
and  used  in  caucuses,  and  in  addition  thereto  shall  furnish  in  the 
same  manner  as  is  now  required  at  elective  meetings,  voting 
shelves  or  compartments  to  enable  the  voter  to  mark  his  ballot 
in  secret:  Provided,  that  the  political  party  first  requesting  as 
aforesaid  the  use  of  said  voting  places  on  and  for  a  certain  date, 
shall  be  entitled  to  the  use  thereof  on  that  date;  and  if  such 


ELECTION   LAWS.  223 

date  is  one  requested  by  some  other  political  party  as  aforesaid, 
such  other  political  party,  through  the  chairman  of  said  com- 
mittee as  aforesaid,  may  request  another  date.     In  cities  a  ^,     , 

'  •'  i  Number  of 

voting  place  and  paraphernalia  therefor  shall  be  furnished  and  7o°  be'^fuinL'hod. 

provided  for  each  ward  into  which  such  cities  may  be  divided; 

and  in  each  of  the  towns  of  Burrillville,  Cumberland,  East 

Providence,  Lincoln  and  Warwick,  two  such  voting  places  and 

the  paraphernalia  therefor,  and  in  every  other  toA\ii  one  such 

voting  place  and  the  paraphernalia  therefor  shall  be  furnished 

and  provided. 

8ec.  2.     Nothing  in  this  act  shall  be  construed  to  require  the  '"^^'/i  boards  not 

"  to  be  required 

boards  of  canvassers  and  registration  to  furnish  ballots  to  be  bau"ts'tobe 
used  at  said  primary  meetings,  nor  to  provide  for  the  compensa- 
tion for  services  of  the  officers  appointed  to  act  at  said  primary 
meetings;  nor  shall  anything  contained  herein  be  held  to  affect 
the  method  of  holding  caucuses  already  provided  for  by  law. 

Sec.  3.     This  act  shall  take  effect  upon  its  passage,  and  all 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby  repealed. 


used  at  said 


CHAPTER  891. 


AN  ACT  IN  RELATION  TO  THE  HOLDING  OF  CAUCUSES  IN  THE   Approved 

April  26,  1912. 

TOWN  OF  NORTH  SMITHFIELD. 

It  is  enacted  hy  the  General  Assembly  as  follows: 

Section  1.     In  the  tcjwn  of  North  Smitlific^ld  the  caucuses  of  Politic!  party 

defined. 

all  political  parties  shall  be  held  in  accordance  with  the  pro- 
visions of  this  act,  and  such  provisions  shall  apply  only  in  said 
to\Mi.  For  the  purposes  of  this  act,  a  political  party  is  hereby 
defined  to  be  one  which  at  the  next  preceding  annual  election  of 
state  officers  cast  for  its  candidate  for  governor  at  least  two 
per  cent,  of  all  the  votes  cast  in  the  state  for  that  officer.  Cau- 
cus and  convention  nominations  shall  be  made  only  by  politi- 
cal parties. 


224  ELECTION    LAWS. 

dect^ng  town  ^Ec.  2.     The  qualified  electors  of  each  political  party  in  said 

powers  and  du-  towii  shall  annually,  at  the  caucus  held  to  elect  delegates  to  the 

ties  thereof. 

convention  to  nominate  a  candidate  for  governor,  elect  a  town 
committee  for  such  town.  Each  town  committee  shall,  within 
ten  days  after  its  organization,  file  with  the  secretary  of  state  a 
list  of  its  officers  and  members.  The  general  management  of 
the  affairs  of  each  political  party  in  such  tovni  shall  be  vested  in 
its  town  committee,  subject  to  the  rules  and  regulations  which 
the  state  committee  of  such  political  party  shall  make.  Any 
vacancy  occurring  in  any  of  the  officers  or  in  the  membership  of 
said  town  committee  shall  be  filled  by  such  committee.  A  state- 
ment thereof  shall  be  filed  as  in  the  case  of  officers  and  members 
first  chosen.  Town  committees  shall  hold  office  from  the  date 
of  their  election  until  the  next  annual  election  of  such  com- 
mittees and  thereafter  until  their  successors  have  organized. 
Town  committees  may  make  regulations,  not  inconsistent  with 
law,  to  determine  membership  in  the  party  and  to  restrain  those 
not  entitled  to  vote  at  caucuses  called  by  them  from  taking 
part  therein,  and  such  regulations  shall  be  furnished  to  and  shall 
govern  the  officers  by  this  act  charged  with  the  duty  of  pre- 
paring caucus  voting  lists  in  the  preparation  of  such  lists,  so 
far  as  they  are  not  in  conflict  with  the  provisions  of  this  act. 
Each  town  committee  shall  attend  the  caucuses  of  the  party  to 
which  it  belongs,  to  perform  the  duties  herein  imposed  upon  it. 
caucvises,  how  ^^^^  ^  ^jj  p^ucuscs  shall  bc  held  in  said  town  at  the  call  of 
the  town  committee  of  the  political  party  holding  such  caucuses. 
The  call  for  such  caucuses  shall  be  issued  not  less  than  five  days 
prior  to  the  day  on  which  they  are  to  be  held.  It  shall  state  the 
places  where  such  caucuses  are  to  be  held,  the  hour  of  holding 
the  same,  the  time  during  which  the  polls  are  to  be  open,  the 
business  to  be  transacted  thereat  and  the  uniform  size  of  the 
ballots  to  be  used  in  said  caucus,  and  said  call  shall  be  posted,  at 
least  four  days  prior  to  the  holding  of  said  caucus,  in  six  or  more 


I 


ELECTION    LAWS.  225 

public  places  in  said  toA\ai.     No  two  political  parties  shall  hold 
their  caucuses  on  the  same  day. 
Sec.  4.     At  least  ten  days  previous  to  the  date  on  which  a  Towncierkto 

•'       ^  bo  notified  of 

political  party  desires  to  hold  its  caucus  in  said  town  the  chair-  aiid^  "o  f umiLh 
man  of  the  town  committee  of  such  political  party  shall  notify  therefor  ^^^^ 
in  writing,  the  town  clerk  of  the  date  selected  for  such  caucus, 
and  the  political  party  first  making  such  selection  and  notifica- 
tion for  a  certain  date  shall  be  entitled  to  hold  its  caucus  on 
that  date,  if  such  date  is  one  on  which  caucus  may  be  lawfully 
lield.  If  such  date  is  one  previously  so  selected  and  notified 
by  some  other  political  party,  or  is  one  on  which  a  caucus 
may  not  be  lawfully  held,  such  chairman  shall  be  immediately 
notified,  in  writing,  of  the  fact  by  the  town  clerk,  and  such  chair- 
man, shall  select  and  make  notification  of  another  date.  It  shall 
be  the  duty  of  said  town  clerk,  in  and  at  ths  expense  of  said  town 
of  North  Smithfield,  to  provide  a  polling  place  in  said  town  for 
said  caucus,  and  to  notify  in  writing,  such  chairman  as  to  the 
place  so  provided,  at  least  seven  days  prior  to  the  date  of  such 
caucuses. 

Sec.  5.     No  caucus,  except  a  caucus  adiourned  under  the  Caucuses  when 

'  "  to  be  held. 

provisions  of  section  fourteen  of  this  act,  shall  be  held  within 
two  days,  exclusive  of  Sunday's  and  legal  holdidays,  of  the  last 
day  for  filing  the  certificate  of  the  nominations  of  such  caucus, 
nor  shall  any  political  party  hold  caucuses  on  successive  days. 
All  caucuses,  excepting  those  caucuses  necessary  for  a  special 
election,  shall  be  held  after  the  second  Thursday  next  after  the 
first  Monday  in  September  of  each  year.  All  caucuses  held  to 
nominate  candidates  for  town  officers  in  said  town,  excepting 
those  caucuses  necessary  for  a  special  election,  shall  be  held 
within  twenty-five  days  of  the  Tuesday  next  after  the  first 
Monday  in  November  in  each  year.  Caucuses  necessary  for  a 
special  election  shall  be  held  not  more  than  ten  days  before,  nor 
within  two  days,  exclusive  of  Sundays  and  legal  holidays,  of  the 


226 


ELECTION   LAWS. 


Caucus  officers 
to  be  selected 
by  town  com- 
mittee. 


Duties  of  cau- 
cus officers. 


last  (lay  for  filing  the  certificates  of  the  nominations  of  such 
caucuses.  \ 

Sec.  6.  The  town  committee  of  each  political  party  in  said 
town  shall,  at  least  two  days  prior  to  the  date  of  the  caucus, 
appoint  a  caucus  chairman  and  a  caucus  clerk  for  said  town  who 
shall  be  qualified  electors  of  said  town  and  members  of  such 
political  party,  and  shall  fill  all  vacancies  which  occur  in  such 
offices  from  any  cause,  except  as  hereinafter  provided.  The 
caucus  chairman  and  caucus  clerk  so  appointed  shall  hold  office 
until  the  first  day  of  January  next  succeeding  their  appoint- 
ment and  thereafter  until  their  successors  are  appointed,  and 
shall  have  the  same  powers  and  duties  in  the  conduct  of  caucuses 
as  are  conferred  by  law  upon  wardens  and  Avard  clerks  of  elective 
meetings. 

Sec.  7.  The  caucus  chairman  appointed,  as  hereinbefore 
provided,  shall  call  the  caucus  of  his  political  party  to  order, 
and  shall  preside  thereat.  The  caucus  clerk  shall  check  the 
voting  list  of  the  town  at  said  caucus.  In  case  a  caucus  chair- 
man is  absent  at  the  time  at  which  the  caucus  has  been  called 
or  in  case  a  caucus  chairman  becomes  incapacitated  during  the 
holding  of  the  caucus,  the  town  committee,  or  a  majority  of  the 
members  thereof  present  at  such  caucus,  shall  appoint  a  quali- 
fied elector  of  such  party  residing  in  said  town  as  caucus  chair- 
man for  such  caucus.  If  no  member  of  the  town  committee 
is  present,  the  clerk  of  the  caucus  in  such  town  shall  call  the 
meeting  to  order,  and  the  electors  present  shall  elect  some  quali- 
fied person  as  caucus  chairman  of  such  caucus.  In  case  the 
caucus  clerk  is  absent  at  the  time  at  which  the  caucus  has  been 
called,  or  in  case  the  caucus  clerk  becomes  incapacitated  from 
performing  his  duties  as  such  during  the  holding  of  the  caucus, 
the  town  committee  of  said  town,  or  such  majority  thereof,  shall 
appoint  some  qualified  elector  of  the  town  as  such  caucus  clerk. 
If  no  member  of  the  town  committee  is  present,  the  caucus 
chairman  shall  appoint  some  qualified  elector  as  aforesaid  a§ 


ELECTION   LAWS.  227 

caucus  clerk.  All  caucuses  shall  be  called  to  order  at  seven 
o'clock  P.  M.;    the  polls  shall  be  opened  at  or  before  seven-  „      ^   . 

'  '  ^  Hours  during 

thirty  P.  M.,  and  the  ballot  boxes  shall  be  opened  and  the  mul^/ remain 
interior  thereof  exposed  to  the  view  of  all  present  by  the  chair- 
man before  any  ballots  are  cast.  Any  necessary  business  not 
finished  at  seven-thirty  P.  M.  shall  be  postponed  until  after 
the  polls  are  closed  and  the  result  of  the  Imlloting  announced. 
The  polls  shall  be  kept  open  until  nine-thirty  P.  M.,  and  no 
longer.  Except  for  the  filling  of  vacancies  in  the  office  of  caucus 
chairman  and  caucus  clerk,  as  hereinbefore  provided  in  this 
section,  a  ballot  shall  be  required  for  the  choice  of  all  candidates 
for  elective  offices,  for  delegates  to  conventions,  and  for  members 
of  town  committees,  to  be  elected  by  such  caucuses.  All  porm  of  caucus 
ballots  shall  be  printed  or  written  on  white  paper,  of  uniform 
size  to  be  determined  by  the  town  committee  of  each  political 
party  in  said  town,  and  no  tissue  paper  shall  be  used  for  any 
caucus  ballot.  The  name  of  all  candidates  for  which  any  elector 
shall  vote  at  any  caucus  shall  be  written  or  printed  upon  one 
ballot. 

Sec.  8.     No  person  shall  be  entitled  to  vote  or  take  part  in  who  may  parti- 
cipate in  cau- 
the  caucus  of  any  political  party  who  within  fourteen  calendar  cus. 

months  has  voted  or  taken  part  in  the  caucus  of  any  other 
political  party,  or  has  signed  nomination  papers  of  a  candidate 
or  candidates  for  any  elective  officer,  or  has  voted  in  any  elec- 
tion for  the  candidate  of  any  other  political  party  or  for  candi- 
dates placed  in  nomination  by  nomination  papers,  or  is  de- 
barred from  so  voting  or  taking  part  by  the  regulations  of 
such  party  provided  for  in  section  two  of  this  act.  No  person 
who  has  voted  in  the  caucus  of  any  political  party  shall  be 
eligible  to  sign  any  nomination  paper  containing  nominations 
of  candidates  within  fourteen  calendar  months  thereafter. 

Sec.  9.     The  town  clerk  of  said  town  shall  prepare  the  voting  '^"^"retoVng- 
lists  for  use  at  all  caucuses  held  in  said  town.     At  all  caucuses   ''"^®' 
the  voting  lists  as  last  published  or  canvassed  according  to  law 


228 


ELECTION   LAWS. 


Same  subject. 


Ballot  boxes 
and  supplies. 


Caucus  chair- 
man to  receive 
ballots. 


by  the  board  of  canvassers  of  said  town  shall  be  used,  corrected 
as  hereinafter  provided.  The  board  of  canvassers  in  said  town 
shall  hold  a  canvass  meeting  on  the  twenty-seventh  day  pre- 
ceding the  Tuesday  next  after  the  first  Monday  in  November, 
in  each  year,  and  also  on  a  day  not  more  than  five  days  prior 
to  the  earliest  day  lawfully  selected  by  any  political  party  for 
the  holding  of  caucuses  made  necessary  by  a  special  election 
in  such  town,  to  canvass  and  correct  the  voting  lists  of  electors 
qualified.  Notice  of  said  canvass  meetings  shall  be  given  in 
such  manner  as  such  board  of  canvassers  shall  prescribe. 

Sec.  10.  In  preparing  caucus  voting  lists  for  the  caucuses 
of  any  political  party  there  shall  be  stricken  from  the  lists 
specified  in  section  nine  of  this  act  the  names  of  all  persons 
shown  by  the  nomination  papers,  or  copies  thereof,  and  used 
caucus  voting  lists  in  the  possession  of  the  town  clerk  to  be 
debarred  from  voting  in  such  caucuses  by  the  provisions  of 
section  eight  of  this  act,  or  who  are  shown  by  the  regulations 
of  such  political  party  to  be  not  entitled  to  vote  in  its  caucuses. 
Each  such  list  shall  be  endorsed  with  the  name  of  such  political 
party,  and  shall  be  certified  by  such  town  clerk. 

Sec.  11.  The  town  clerk  is  hereby  authorized  and  required 
to  furnish,  at  the  expense  of  said  town,  suitable  ballot  boxes, 
blank  forms  of  certificates  and  returns,  and  other  election 
stationery,  for  each  polling  place  at  which  any  caucus  is  held, 
and  to  cause  the  voting  lists  prepared  as  aforesaid  to  be  deliv- 
ered at  each  such  polling  place  to  the  caucus  chairman,  prior 
to  the  hour  of  seven  o'clock  in  the  evening  of  the  day  on  which 
any  such  caucus  is  to  be  held;  and  it  is  hereby  made  the  duty 
of  the  town  sergeant  of  said  town  to  detail  such  number  of  police 
constables,  or  constables  to  each  such  polling  place,  for  the 
preservation  of  order,  and  to  deliver  the  voting  lists  aforesaid, 
as  may  be  requested  by  said  to\vn  clerk. 

Sec.  12.  The  caucus  chairman  shall  receive  the  ballots  of  all 
persons  whose  names  are  upon  the  lists  certified  and  furnished 
to  him,  and  shall  reject  the  ballots  of  all  other  persons. 


ELECTION    LAWS.  229 

Sec.  13.     Immediately  on  the  closing  of  the  polls  the  caucus  cou*nt,!l".'^iu. 

chairman  and  clerk  shall  in  open  caucus  proceed  to  count  the  ^^  "^^  *° "  ^'^*" 

ballots  cast  in  the  presence  of  such  representatives  as  may  be 

appointed  in  writing,  one  by  each  candidate  voted  for  at  said 

caucus;  and  each  candidate  receiving  a  plurality  of  the  ballots 

cast  for  the  office  for  which  he  was  a  candidate  shall  be  declared 

by  the  caucus  chairman  to  be  elected  or  nominated,  as  the  case 

may  be.     The  ballots  and  voting  lists  shall  then  be  forthwith   Return  of  bal- 
lots and  voting 

separately  sealed  up,  together  with  a  statement  of  the  result  ''sts- 
of  the  balloting  substantially  in  form  required  by  law  in  the 
case  of  elective  meetings,  and  shall  be  forthwith  delivered  in 
person  by  the  caucus  clerk  to  the  town  clerk  in  said  town. 

Sec.  14.  In  case  at  any  caucus  a  majority  of  a  delegation  in  case  of  tie 
to  aity  convention,  or  of  any  towai  committee  are  not  elected,  ^^i*'°"  *°  ^® 
or  in  case  of  a  tie  vote  for  any  candidate  for  an  elective  office,  the 
caucus  shall  adjourn  to  such  day  as  shall  be  designated  at  said 
caucus  by  the  caucus  chairman,  but  not  to  any  day  at  which  a 
caucus  of  any  political  party  has  been  called.  In  case  of  a  tie 
vote  for  a  smaller  number  than  a  majority  of  the  delegates  to  a 
convention,  or  of  the  members  of  a  town  committee,  the  elected 
members  of  the  delegation  or  of  the  committee  shall  fill  the 
vacancies  so  caused  and  make  notification  of  their  action  to  the 
person  or  officer  entitled  to  receive  the  same.  In  all  cases  the 
delegates  to  a  convention  shall  have  power  to*  fill  vacancies  in 
their  number  appearing  at  the  hour  of  the  meeting  of  such 
convention. 

Sec.  15.     The    chairman    of    every    caucus    shall,    within  chairman  to 

prepare  eerti- 

twenty-four  hours  after  said  caucus  is  held,  deliver  or  send  to   ficates  of  elec- 
tion and  nonii- 

each  delegate  to  a  political  convention,  and  to  each  member  of  a  "=>t'on. 
political  committee,  a  certificate  of  his  election,  and  to  each 
candidate  for  an  elective  office  a  certificate  of  his  nomination 
and  shall  also  cause  the  certificate  of  nomination  required  by 
law  in  the  case  of  all  candidates  who  are  nominated  by  such 
caucus  for  any  elective  office  to  be  prepared  and  seasonably 


230 


ELECTION   LAWS. 


Provisions  for 
recount  of  bal 

lots. 


filed  in  the  proper  public  office,  unless  proceedings  for  a  recount 
of  the  ballots  at  such  caucus  are  inaugurated  conformably  to  the 
provisions  of  section  sixteen  of  this  act,  in  which  case  he  shall 
not  deliver,  send,  or  cause  to  be  filed  any  such  certificates. 
ch(Ick-iist"b  °^  Upon  the  check  list  used  at  such  caucus  the  clerk  checking  such 
''''"'"^  list  shall  make  a  return  under  oath  that  the  said  check  list  is  the 

identical  one  used  in  the  caucus  of  the  political  party  for  which 
it  was  furnished,  and  that  the  names  checked  were  truly  and 
properly  checked  at  such  caucus,  and  that  no  alteration  or 
erasure  or  additional  check  has  been  made  thereon. 

Sec.  16.  If  before  five  o'clock  in  the  afternoon  of  the  day. 
succeeding  the  day  on  which  any  caucus  is  held  under  the  pro- 
visions of  this  act  a  person  who  has  received  votes  thereat  for 
nomination  or  election  to  any  elective  office,  delegation,  or 
political  committee  shall  serve  upon  the  town  clerk  of  said  town 
a  statement  in  writing  that  the  records  and  returns  made  by  the 
caucus  officers,  as  aforesaid,  are  erroneous,  and  specifying  where- 
in the  same  are  erroneous,  and  claiming  an  election  of  nomina- 
tion by  said  caucus  for  the  petitioner,  and  petitioning  for  a 
recount  of  such  ballots  by  the  board  of  canvassers  of  said  town, 
such  town  clerk  shall  retain  all  the  ballots  cast  at  such  caucus 
until  such  claim  is  withdraAvn  or  the  contest  for  the  nomination 
or  election  is  fully  determined  as  hereinafter  provided.  The 
town  clerk  upon  whom  such  statement  is  served  shall  forthwith 
notify  the  members  of  the  board  of  canvassers  of  his  town 
of  the  filing  of  such  petition,  and  it  shall  be  the  duty  of  said 
board  of  canvassers  to  forthwith  convene,  and  to  cause  notice 
in  writing  to  be  served  in  such  manner  as  said  board  of  canvassers 
shall  direct,  upon  all  other  candidates  for  the  same  office  re- 
ceiving votes  at  said  caucus,  at  the  expense  of  the  petitioner, 
of  the  filing  of  such  petitions  for  a  recount,  and  shall  appoint 
a  time  and  place  for  the  recount  of  said  ballots  within  twenty- 
four  hours,  exclusive  of  Sundays  and  legal  holidays,  from  the 
time  of  ordering  such  notice.    At  the  time  specified  by  said  board 


Notice  of  re- 
count. 


i 


ELECTION   LAWS.  231 

of  canvassers  said  town  clerk  shall  transmit  to  such  board  all  ^ounra°nd  hear- 
the  ballots  cast  at  such  caucus  and  the  voting  list  used  thereat,  '"' 
and  at  the  appointed  time  and  place  said  l^oard  of  canvassers 
shall  proceed  to  recount  said  ballots  and  to  hear  and  determine 
all  questions  raised  for  or  against  the  counting  of  the  same  or  of 
any  thereof,  and  shall  declare,  as  the  result  of  such  recount  and 
determination,  what  persons,  if  any,  were  lawfully  elected  or 
nominated  at  such  caucus.     Such  declaration  shall  stand  as  the   Recount  to  be 

conclusive  and 

true  record  and  result  of  the  vote  cast  at  such  caucus,  and  the  official  ballots 

to  be  prepared 

proper  officer  shall  cause  the  names  of  the  persons  so  declared  accordingly, 
to  be  nominated  for  any  elective  office  to  be  printed  upon  the 
official  ballots,  in  accordance  with  a  certificate  of  such  recount 
and  determination  made  and  filed  with  him  by  said  board,  which 
certificate  shall  be  deemed  to  be  made  and  filed  as  of  the  day  of 
holding  such  caucus.  Said  board  shall  also  furnish  to  each  dele- 
gate and  member  of  a  committee,  so  declared  to  be  elected,  a 
certificate  of  his  election.     Any  candidate  receiving  votes  at  Candidate  or 

his  representa- 

such  caucus  for  such  nomination  or  office  may  be  present  during  t^^e  may  be 

•J  ^  <=>     present  at  re- 

such  recount,  either  in  person  or  bj'  an  agent  duly  appointed  in  '^°""*' 
writing. 

Sec.  17.     The  town  clerk  of  said  town  shall  retain  under  seal  Towncierk  to 

retain  under 

for  the  period  of  fourteen  calendar  months  all  of  the  voting  lists  s«^ai.  a"  "s«i 

^  ^  voting  lists, 

returned  to  him  under  the  provisions  of  this  act :     Provided,  that  ^°'  ^'^'-"^  p"'"''- 
such  lists  may  be  unsealed  for  use  in  the  proceedings  provided   Lists  may  be 

unsealed,  when. 

for  in  sections  ten  and  sixteen  of  this  act,  after  which  they  shall  • 
be  immediately  resealed,  and  that  the  said  toAvn  clerk,  after  a 
check  list  has  been  used  at  a  caucus  of  a  political  party  held  under 
the  provisions  of  this  act  upon  written  application  for  a  copy  of 
the  list  as  checked,  signed  by  any  qualified  elector  in  the  said 
towii  where  such  list  was  used,  and  upon  payment  or  tender  of 
the  fees  provided  by  law  therefor,  may  unseal  and  open  the 
wrapper  containing  such  check  list,  and  shall  furnish  to  such 
applicant  a  certified  copy  of  the  list  as  checked,  and  shall  then 
reseal  the  same. 


232  ELECTION   LAWS. 

Penalties.  Sec.  18.     Eveiy  publlc  officer  or  officer  of  a  poUtical  party 

who  shall  willfully  violate  any  of  the  provisions  of  this  act,  or 
shall  refuse,  or  willfully  neglect  and  omit  to  perform,  in  the  man- 
ner and  within  the  time  prescribed,  any  duty  imposed  upon 
him  by  this  act,  shall  be  fined  not  less  than  fifteen  nor  more  than 
fifty  dollars,  or  imprisoned  in  jail  for  a  period  not  exceeding 
thirty  days,  or  both.  Every  person  at  a  caucus  who,  knowing 
that  he  is  not  entitled  to  vote,  votes  or  attempts  to  vote,  or 
votes  or  attempts  to  vote  upon  any  other  name  than  his  own, 
or  votes  or  attempts  to  vote  more  than  once  upon  his  own  name, 
or  deposits  or  attempts  to  deposit  more  than  one  ballot  for  any 
candidate  for  any  elective  office  or  delegate  to  any  convention  or 
member  of  any  political  committee  at  the  same  balloting,  or  at 
any  caucus  gives  a  false  answer  to  the  caucus  clerk  or  the  pre- 
siding officer  of  any  caucus  relative  to  his  right  to  vote  at  such 
caucus,  shall  be  punished  by  imprisonment  in  jail  not  exceeding 
thirty  days.  Whoever  aids  or  abets  a  person  not  entitled  to  vote 
at  a  caucus  in  voting  or  attempting  to  vote  under  a  name  other 
than  the  voter 's  own  name,  or  in  voting  twice  upon  the  voter 's 
own  name,  or  aids  or  abets  a  person  in  depositing  or  attempting 
to  deposit  at  a  caucus  more  than  one  ballot  as  aforesaid  at  the 
same  balloting,  shall  be  punished  by  imprisonment  in  jail  not 
exceeding  thirty  days.  Whoever  willfully  alters,  or  willfully 
makes  any  change,  erasure,  or  additional  check  upon  the  voting 
list  used  or  to  be  used  at  a  caucus,  or,  having  custody  or  control 
of  such  voting  list,  shall  suffer  or  permit  any  alteration,  change 
erasure,  or  additional  check  to  be  made  upon  such  voting  list, 
shall  be  punished  by  imprisonment  in  jail  not  exceeding 
sixty  days.  Excepting  otherwise  herein  provided,  the  penalties 
imposed  by  law  upon  election  and  other  officers  and  voters  who 
violate  the  provisions  of  acts  regulating  elective  meetings  are 
hereby  imposed  upon  the  same  and  like  caucus  and  other  officers 
and  voters  for  the  same  and  like  violations  of  this  act. 


ELECTION    LAWS.  233 

Sec.  19.     It  shall  be  the  duty  of  every  police  or  other  peace  warrant"*''"'** 
officer    or    constable    to    arrest   without    warrant  any  person 
detected  in  the  act  of  violating  the  provisions  of  this  act. 

Sec.  20.     The  secretary  of  state  shall  make  and  send  to  the  secretary  of 
towTi  clerk  of  said  town  copies  of  all  nomination  papers  filed   nish^'copies'^of 

....  1  •    1  -1  c     1  CI  certain  noinina- 

with  him  which  contain  the  names  of  electors  of  such  to^\ai.  tion  papers. 

Sec.  21.      The  tovm.  committees-elect  in  said  town  at  the  Town  commit- 
tees elect,  to 

time  of  the  passage  of  this  act  shall  organize  and  serve  in  the  ^^''^®- 
same  manner  and  with  the  same  effect  as  if  they  had  been  elected 
under  its  provisions. 

Sec.  22.     This  act  shall  take  effect  on  and  after  June  1st, 
A.  D.  1912. 

30 


INDEX. 


Page. 
Accpi>tanco  by  towns  of  i)rovisions  relative  to  elections  by  secret  ballot .  .     70-72 

Acts,  certain,  repealed 191 

Adjourned  or  secondary  elections 69 

Amendment  to   the   constitution,   ])ropositions  of,   and   questions   sub- 
mitted to  the  electors  of  the  State,  relative  to  voting  upon ...  116 

Assembly,  General,  of  the  constitution  and  organization  of 128-178 

relative  to  the  election  of  senators  and  representatives  in 108-111 

Article  II  of  the  constitution  of  the  State,  relative  to  the  qualifications  oi 

electors 3-6 

V  of  the  constitution  of  the  State,  relative  to  the  house  of  repre- 

sentatives    6 

VI  of  the  constitution  of  the  State,  relative  to  the  senate 7 

VIII  of  the  constitution  of  the  State,  relative  to  elections 8-11 

Ballot,  elections  by  secret,  acceptance  by  towns  of  provisions  of  chapter 

relative  to 70-72 

secret,  elections  by 45-72 

secret,  penalties  for  violation  of  provisions  relative  to  elections  by.   67-69 

Ballots,  delivery  of,  by  secretary  of  state 58 

Board,  state  returning,  relative  to  and  duties  of,  defined 117-125 

Boards  of  canvassers  and  registration  and  of  the  registering,  listing,  and 
returning  list  of  voters,  and  the  proof  of  their  qualification  to 

vote 15-23 

of  canvassers,  provisions  I'elative  to 18,  222 

Bristol,  how  divided  into  representative  districts 172 

relative  to  holding  of  caucuses  in  town  of 191-201 

Burrillville,  how  divided  into  representative  districts 173 

Calling  and  warning  town  meetings 179-181 

Candidates,  nomination  of,  in  convention  or  caucus 46 

nomination  of  by  individual  voters 48 

Canvassers,  boards  of,  provisions  relative  to 18,  222 

boards  of,  and  registration,  and  of  the  registering,  listing,  and  return- 
ing lists  of  voters  and  the  proof  of  their  qualification  to  vote.     15-23 
Canvassing  the  rights  and  correcting  the  lists  of  voters 24-30 


236  ELECTION    LAWS. 

Page. 

Caucus,  or  convention,  nomination  of  candidates  in 46 

supplies  and  voting  places,  Boards  of  Canvassers  to  furnish  for 

primary  meetings 222 

Caucuses,  of  the  holding  of,  in  the  cities  of  Providence,  Newport  and 

Pawtucket 73-84,  201 

in  the  town  of  Bristol 191-201 

in  the  town  of  East  Providence 202-212 

in  the  town  of  North  Smithfield 223-233 

in  the  town  of  Tiverton 212-222 

Central  Falls,  how  divided  into  representative  districts 164-166 

Certificates  of  nomination  and  nomination  papers 49-56 

Chapter  640  of  the  Public  Laws,  certain  provisions  of,  relative  to  the 

tenure  of  office  of  certain  officers  and  the  repeal  of  certain  acts .         191 

Cities  and  towns,  certain,  how  divided  into  representative  districts 130-173 

number  of  representatives  apportioned  to  each 128-130 

City,  town,  and  State  elections,  relative  to  the  use  of  voting-machines  at .  .   85-106 

Compartments  or  voting-shelves,  provisions  relative  to 62 

Conducting  elections,  manner  of 33-45 

Congress  of  the  United  States,  relative  to  the  election  of  representatives  in.  11 1-1 13 

Constitution  and  organization  of  the  general  assembly 128-178 

of  the  state,  article  II  of,  relative  to  the  qualifications  of  electors .  .         3-6 

article  V  of,  relative  to  house  of  representatives 6 

article  VI,  relative  to  the  senate 7 

article  VIII  of,  relative  to  elections 8-11 

extracts  from,  relative  to  elections 3-11 

propositions  of  amendment  of  and  questions  submitted  to  the 

electors  of  the  state,  relative?  to  voting  upon 116 

Convention  or  caucus,  nomination  of  candidates  in 46 

Correcting  lists  of  and  canvassing  the  rights  of  voters,  provisions  relative  to.     24-30 

Cranston,  how  divided  into  representative  districts 166-169 

Cumberland,  how  divided  into  representative  districts 170 

Delivery  of  ballots  by  secretary  of  state 58 

Districts,  representative,  certain  cities  and  tow^ls,  how  divided  into 130-173 

East  Providence,  how  divided  into  representative  districts 169 

relative  to  holding  ot  caucuses  in  town  of 202-212 

Election  and  qualification  of  town  officers 186-190 

laws,  certain  provisions  of  Chapter  640  of  the  Public  Laws,  in 

amendment  of . 191 


INDEX.  237 

Page. 
Election  of  electors  of  president  and  vice-president  of  the  United  States.  114-116 

of  general  officers 106 

of  representatives  in  the  congress  of  the  United  States 11 1-114 

of  senators  and  representatives  in  the  general  assembh' 108-111 

Election,  supervisors  of 59-62 

Elections,  adjourned  or  secondary 69 

article  VIII  of  the  constitution  of  the  state  relative  to 8-11 

by  secret  ballot 45-72 

by  secret  ballot,  acceptance  by  towns  of  provisions  of  Chapter  11, 

relative  to 70-72 

by  secret  ballot,  penalties  for  violation  of  provisions  relative  to .  .  .      67-69 

extracts  from  the  constitution  ot  the  state,  relative  to 3-11 

general  provisions  concerning 125-128 

of  the  manner  of  conducting 34-45 

state,  city,  and  town,  relative  to  the  use  of  voting-machines  at 85-106 

town,  acceptance  by  towns  of    provisions  of  Chapter  11,  relative 

to  elections  by  secret  ballot  for 70-72 

Elective  meetings,  provisions  I'elative  to 30-33 

Electors,  article  II,  of  the  constitution  of  the  state,  relative  to  the  qualifi- 

catiou  of 3-6 

ot  president  and  vice-president  ot  the  United  States,  relative  to  the 

election  of 114-116 

Extracts  from  constitution  of  the  state,  relative  to  elections,  etc 3-11 

General  assembly,  of  the  constitution  and  organization  of 128-178 

relative  to  the  election  of  senators  and  representatives  in 108-111 

officers,  relative  to  the  election  of 106 

provisions  concerning  elections 125-128 

House  ot  representatives,  article  V  of  the  constitution  of  the  state,  relative 

to 6 

how  constituted 128 

Individual  voters,  nomination  of  candidates  by 48 

Information  to  voters 58 

Laws,  election,  certain  provisions  of  Chapter  640  of  the  Public  Laws,  in 

amendment  of 191 

Public,  certain  provisions  of  Chapter  640  of,  relative  to  tenure  ot 

office  of  certain  officers  and  the  repeal  of  certain  acts 191 


238  ELECTION    LAWS. 

Page 

Lincoln,  how  divided  into  representative  districts 171 

Lists  of  voters,  and  canvassing  the  rights  of  voters,  provisions  relative  to .      24-30 

of  the  returning  of,  and  jiroof  of  qualification  to  vote,  etc 15-23 

Machines,  voting,  relative  to  the  use  of,  at  state,  city,  and  town  elections .  .  85-106 
Manner  of  conducting  elections 34-45 

of  voting 63-67 

Meetings,  elective 30-33 

town,  relative  to  the  calling  and  warning  of 179-181 

town,  relative  to  the  quorum,  government  and  conduct  of,  and  of 

organization  and  government  of  ward  meetings 181-186 

ward,  relative  to  the  organization  and  government  of 181-186 

Newport,  how  divided  into  representative  districts 157-160 

Providence  and  Pawtucket,  cities  of,  of  the  holding  of  caucuses 

in 73-84,  201 

Nomination,  certificates  of,  and  nomination  papers 49-56 

of  candidates  by  individual  voters 48 

of  candidates  in  convention  or  caucus 46 

North  Smithfield,  relative  to  the  holding  of  caucuses  in  the  town  of 223-233 

Officers,  certain,  to  continue  to  serve  in  office 191 

general,  relative  to  the  election  of 106 

town,  relative  to  the  election  and  qualification  of 186-190 

Organization  and  constitution  of  the  general  assembly 128-178 

and  government  of  ward  meetings 181-186 

Papers,  nomination,  and  certificates  of  nomination 49-56 

Pawtucket,  Newport  and  Providence,  cities  of,  of  the  holding  of  caucuses 

in 73-84,  201 

how  divided  into  representative  districts 146-152 

Penalties  for  violation  of  provisions  relative  to  elections  by  secret  ballot .  .  67-69 
President  and  vice-president  of  the  United  States,  relative  to  the  election 

of  electors  of 114-116 

Primary  meetings,  Boards  of  Canvassers,  to  furnish  voting  places  and 

supplies  for 222 

Propositions  of  amendment  to  the  constitution  and  questions  submitted 

to  the  electors  of  the  state,  relative  to  voting  upon 116 

Providence,  Newport  and  Pawtucket,  cities  of,  of  the  holding  of  caucuses 

in 73-84,  201 

how  divided  into  representative  districts 130-146 


INDEX.  239 

Page. 

Provisions,  general,  concerning  elections 125-128 

Public  Laws,  Chapter  640,  certain  provisions  of,  relative  to  tenure  of 

office  of  certain  officers  and  the  repeal  of  certain  acts 191 

Qualification,  after  election,  of  town  officers 186-190 

Qualifications  and  rights  of  voters 13-15 

of  electors,  article  II  of  constitution  of  the  state,  relative  to 3-6 

Questions  submitted  to  the  electors,  etc.,  relative  to  voting  upon  by  the 

electors  of  the  state 116 

Quorum,  government  and  conduct  of  towTi  meetings,  etc lSl-186 

Registration,  boards  of  canvassers  and,  and  ot  registering,  listing,  and 
returning  lists  of  voters  and  the  proof  of  their  qualification  to 

vote 15-23 

of  voters,  provisions  relative  to 19-23 

Repeal  of  certain  acts 191 

Representative  districts,  certain  cities  and  towns,  how  divided  into 130-173 

Representatives  and  senators  in  the  general  assembly,  relative  to  the 

election  of 108-111 

house  ot,  article  V  of  the  constitution  of  the  state,  relative  to.  .  .  .  6 

house  of,  how  constituted 128 

in  the  congress  of  the  United  States,  relative  to  the  election  of .  .  .  111-113 

number  of  apportioned  to  each  city  and  town 128 

Returning  board,  state,  relative  to,  and  duties  defined 117-125 

Rights  and  qualifications  of  voters 13-15 

Secondary  or  adjom-ned  elections 69 

Secret  ballot,  acceptance  by  towns  of  provisions  of  Chapter  11,  relative 

to  elections  by 70-72 

elections  by 45-72 

penalties  tor  violation  of  provisions  relative  to  elections  by 67-69 

Secretary  of  state,  delivery  of  ballots  by 58 

Senate,  article  VI  of  constitution  of  the  state,  relative  to 7 

how  constituted 128 

Senators  and  representatives  in  the  general  assembly,  relative  to  the 

election  of 108-111 

Shelves,  voting,  or  compartments,  provisions  relative  to 62 

State,  city  and  town  elections,  relative  to  the  use  of  voting-machines  at.  .   85-106 

returning  board,  relative  to,  and  duties  defined 117-125 

secretary  of,  deliveiy  of  ballots  by 58 

Supervisors  of  election 59-62 


240  ELECTION   LAWS. 

Page. 

Tiverton,  relative  to  holding  of  caucuses  in  town  of 212-222 

Town,  city,  and  state  elections,  relative  to  the  use  ot  voting-machines  at .  .   85-106 

meetings,  relative  to  the  calling  and  warning  of 179-181 

meetings  relative  to  the  quorum,  government  and  conduct  of,  and 

of  organization  and  government  of  ward  meetings 181-186 

officers,  relative  to  the  election  and  qualification  of 186-190 

Towns,  acceptance  by,  of  provisions  of  Chapter  11,  relative  to  elections 

by  secret  ballot 70-72 

and  cities,  certain,  how  divided  into  representative  districts 130-173 

number  of  representatives  apportioned  to  each 128-130 

United  States,  relative  to  the  election  of  electors  of  president  and  vice- 
president  of 114-116 

relative  to  the  election  of  representatives  in  the  congress  of 111-114 

Vice-president  of  the  United  States,  relative  to  the  election  of  electors  of, 

and  of  president 114-116 

Voters,  canvassing  the  rights  and  correcting  lists  of 24-30 

information  to 56-58 

nomination  of  candidates  by  individual 48 

oi  the  registering,  listing  and  returning  lists  of,  and  proof  of  their 

qualification  to  vote,  etc 15-23 

of  the  rights  and  qualifications  of , 13-15 

registration  of,  provisions  relative  to 19-23 

Voting-machines,  relative  to  the  use  of,  at  state,  city,  and  town  elections.  85-106 

manner  of 63-67 

places  and  supplies,  boards  of  canvassers  to  furnish  for  primary 

meetings 222 

shelves  or  compartments,  provisions  relative  to 62 

upon  propositions  ot  amendment  to  the  constitution,  and  upon 

questions  submitted  to  the  electors  of  the  state 116 

Ward  meetings,  relative  to  the  organization  and  government  ot,  etc.  .  .  .  181-186 

Warning  and  calling  town  meetings 179-181 

Warwick,  how  divided  into  representative  districts 160-164 

Westerly,  how  divided  into  representative  districts 171 

Woonsocket,  how  divided  into  representative  districts 152-157 


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